Justia Animal / Dog Law Opinion SummariesArticles Posted in Patents
Radio Sys. Corp. v Lalor
Bumper Boy holds two patents on improvements to electronic animal collars; the 082 patent is a continuation-in-part of the 014 patent. Although the 082 patent contains some new matter, the asserted claims from the 082 patent are supported by the 014 patent specification. Both patents generally disclose and claim a collar having “high point surfaces” that extend the inside surface of the collar above the base of electrodes 24 toward the animal “to relieve and distribute the load caused by collar tension around the animal’s neck” and reduce discomfort. The district court construed “inside surface” as “the portion of the collar housing facing inwards towards the animal” and “electrode base” as “the portion of the electrode where it intersects the inside surface of the collar housing” and held that Radio Shack and Innotek did not infringe the patents. The Federal Circuit affirmed with respect to claim construction, but reversed with respect to the district court’s reliance on equitable estoppel. View "Radio Sys. Corp. v Lalor" on Justia Law
Merial, Ltd. v. Cipla, Ltd.
The patents involve topical compositions for protecting pets from fleas and ticks. The 940 patent, now expired, claimed fipronil for pest control by direct toxicity. Merial, as exclusive licensee, developed compositions sold as Frontline. Merial also devised compositions, covered by the 329 patent, combining fipronil with an insect growth regulator, sold as Frontline Plus, the leading flea and tick treatment. In 2007 Merial sued Cipla and other internet retailers, alleging infringement. No defendant responded. The district court found that the patents were not invalid, that Cipla had infringed each patent, and entered a permanent injunction barring Cipla from directly or indirectly infringing the patents. In 2008 Cipla filed an informal communication, not intended to constitute an appearance, denying infringing or having any presence in the U.S., and requesting dismissal. The district court entered final judgment. Velcera, led by former Merial executives, engaged with Cipla to develop, test, manufacture, and distribute products to compete with Merial. Both Velcera and Cipla entered into development and supply agreements with various companies. In 2011, they began selling PetArmor Plus. The district court held Velcera and Cipla in contempt. The Federal Circuit affirmed, rejecting challenges to jurisdiction and to the contempt order’s application to Velcera. View "Merial, Ltd. v. Cipla, Ltd." on Justia Law