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So You Think You Had A Bad Week

Applera Corporation (part of the Applied Biosystems Group, if I recall correctly, which is in turn part of Life Technologies) has had a tough couple days.  They managed to go 0-for-2 at the Federal Circuit*, having one district court loss affirmed, and another district court victory remanded.  Alas.

On Thursday, Applera’s loss to Illumina in the Northern District of California was affirmed (though, to be fair, Illumina lost a couple issues below as well).  In that case,  a jury held against Applera on its claims of patent ownership and patent invalidity.  The district court judge denied Applera’s motions for judgment as a matter of law, and the Federal Circuit affirmed those denials.

 On Friday, Applera’s victory over Enzo in the District of Connecticut was reversed and remanded for further proceedings (though, to be fair, Applera prevailed on separate anticipation and noninfringement arguments).  In that case, the district court granted summary judgment in favor of Applera on its motions that four of the patents-in-suit are either invalid (indefinite or anticipated) or not infringed.  Though Applera managed to prevail at the Federal Circuit on one defense of anticipation and one defense of noninfringement, it will be going back to Connecticut for further hearings on two patents found not invalid for indefiniteness.

So, Happy Friday!

*caveat: because so often there are many claims at issue in patent infringement cases, it’s hard to prevail completely in any given case.  On the other hand, it’s also kind of a bummer to get two decisions in two days that either send you back to the district court for more proceedings, or affirm an earlier loss.

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