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No. 67 OPINION filed for the court by Reyna, Circuit Judge; Taranto, Circuit Judge and Chen, Circuit ...

Document UATP IP, LLC v. Kangaroo, LLC, 22-2047, No. 67 (Fed. Cir. Feb. 16, 2024)
... we find that UATP failed to prove in its briefing below that it was likely to succeed on the merits of its patent infringement claim. Accordingly, we reverse the district court’s grant of the pre- liminary injunction as to the patent infringement ...
I We turn first to UATP’s patent infringement claim.
To establish a likelihood of success on the merits, “the patentee seeking a prelimi- nary injunction in a patent infringement suit must show that it will likely prove infringement, and that it will likely withstand challenges, if any, to the validity ...
Unlike UATP’s failure to present an adequate patent infringement case, UATP briefed all the necessary ele- ments of its trade dress infringement claim in the proceed- ings below.
... there was a failure of proof in UATP’s briefing below on the like- lihood of success on the merits of its patent infringement claim. Accordingly, we reverse the district court’s grant of the preliminary injunction as to the patent infringement ...
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Precedential OPINION

Document Copan Italia Spa v. Puritan Medical Products Company LLC, 22-1943 (Fed. Cir. May. 14, 2024)
Copan Italia S.p.A. and Copan Diagnostics Inc. (collec- tively, “Copan”) brought a patent infringement case against Puritan Medical Products Company LLC and its affiliated companies (collectively, “Puritan”) in the United States District ...
On June 1, 2018, Copan filed a patent infringement complaint against Puritan in the District of Maine, alleging that Puritan directly and indirectly infringed and infringes several of its swab patents.
At that point, Puritan asserted it had immunity from certain of Copan’s patent infringement claims by virtue of the PREP Act, 42 U.S.C. § 247d-6d.
It further requested that the district court find from these materials that Puritan had immunity from “all claims for loss” under the PREP Act, including claims for patent infringement, on the grounds that all flocked swabs made at the P3 factory constituted “covered countermeasures.” 42 U.S.C. § 247d-6d(a)(1). In response, Copan argued that Puritan enjoyed no im- munity from liability for ...
Alternatively, Copan argued that if the PREP Act’s immunity provision reaches patent infringement claims then it is unconstitutional.
To Puritan, this is an important issue, as it goes to whether Puritan can be required to defend itself against an allegation of patent infringement and whether it can be held liable for such infringement.
Copan further insists that the immunity issue Case: 22-1943 Document: 61 Page: 8 Filed: 05/14/2024 8 COPAN ITALIA SPA v. PURITAN MEDICAL PRODUCTS COMPANY LLC is intertwined with the merits of its patent infringement claim ...
... ITALIA SPA v. PURITAN MEDICAL PRODUCTS COMPANY LLC “qualified pandemic or epidemic product.” 42 U.S.C. § 247d-6d(i)(1)(A).3 Invoking these provisions of the PREP Act, Puritan moved to dismiss the patent infringement ...
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No. 23

Document Golden v. Qualcomm Incorporated, 23-1818, No. 23 (Fed. Cir. Oct. 10, 2023)

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No. 25

Document Golden v. Apple Inc., 23-1161, No. 25 (Fed. Cir. May. 12, 2023)

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No. Order-12-12-23

Document Ottah v. National Grid, 23-1666 (Fed. Cir. Dec. 12, 2023)

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No. Order-05-02-24

Document Packet Intelligence LLC v. NetScout Systems, Inc., 22-2064 (Fed. Cir. May. 2, 2024)

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No. Order-10-18-23

Document Ottah v. Verifone System Inc., 23-1219 (Fed. Cir. Oct. 18, 2023)

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No. Order-12-19-23

Document Ontel Products Corporation v. Guy A. Shaked Investments Ltd., 22-1938 (Fed. Cir. Dec. 19, 2023)

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