United States Federal Circuit

In a patent infringement case involving patents relating to the production of the protein erythropoietin using recombinant DNA technology, district court's judgment is vacated in part and remanded where: 1) district court's grant of summary judgment and of judgment as a matter of law (JMOL) to plaintiff-Amgen of no invalidity for obviousness-type double patenting of certain claims of one patent is vacated and remanded for an obviousness-type double patenting analysis of these claims; and 2) district court's grant of JMOL to Roche of non-infringement of one claim of another patent is vacated and remanded for a new trial on infringement of that claim. District court's grant of injunction to Amgen is not disturbed and the court's judgment is affirmed in all other respects.

Appellate Information

• Decided 09/15/2009
• Published 09/15/2009

Judges

Court

• United States Federal Circuit

Counsel