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In Defense of M-S-T: The Federal Circuit’s Decision in Dyestar v. C.H. Patrick

The U.S. Court of Appeals for the Federal Circuit issued an opinion in the Dystar Textilfarben v. C.H. Patrick Co. and Bann Quimica decision that defended the use of the “motivation-suggesting teaching” (hereinafter: “M-S-T”) test in order to determine a finding of obviousness in the matter of patented inventions. The opinion is of particular interest …

Unscrupulous Copyist, Beware the Doctrine of Equivalents

In Abraxis Bioscience, Inc. v. Mayne Pharma (USA), Inc., Case No. 06-1118 (Fed. Cir., Nov. 15, 2006), pharmaceutical company, Mayne Pharma, Inc. (Mayne), lost an appeal from a district court’s decision finding their infringing product was specifically designed to mimic their competitor’s improved anesthetic. But although Abraxis Bioscience, Inc. (Abraxis) ultimately won their patent infringement …

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