MIT v. Shire Pharmaceuticals Federal Circuit Opinion summary

patent drawings for two MIT patents

MIT v. Shire Pharmaceuticals, Inc. No. 2015-1881 Fed. Cir.

Oct. 13, 2016
Opinion by Circuit Stoll with Circuit Judges O’Malley and Chen.

The issues on appeal are:

1) the district court’s claim construction of “vascularized organ tissue” and “cells derived from a vascularized tissue” in view of the prosecution history; and

2) the district court’s determination that the term “three-dimensional” is not indefinite under 35 USC §112, and its construction of the term “three Page 13 dimensional scaffold.”

The United States Court of Appeals for the Federal Circuit’s (Federal Circuit) opinion by Judge Stoll affirming the district court is fact intensive. 

MIT brought suit against Shire Pharmaceuticals, Inc. and Shire Regenerative Medicine, Inc. for infringement of U.S. Patent Nos. 5,770,193 and 5,759,830

Federal Bar member attorneys may access the full case summary by Barnwell Whaley attorney Bill Killough in the November 2016 issue of Federal Circuit Case Digest. 

Additionally, the full opinion may be read here.

B.C. “Bill” Killough is a registered patent attorney with Barnwell Whaley law firm with offices in Charleston, SC and Wilmington, NC. On behalf of his clients, Bill has obtained more than 275 United States patents, participated in prosecuting more than 100 foreign patent applications and he has filed more than 1000 trademark applications with the US Patent and Trademark Offices.

Patent image from google patents.