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  • Article

    The Federal Circuit Stays The Course In Patent Ineligibility For An Abstract Idea

    Even if § 282 did not extend to a § 101 eligibility challenge, such a challenge would still be a defense to a claim of infringement.
    United StatesIntellectual Property
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  • Article

    WASHINGTON U. v. WARF – An Implied Covenant Wins The Day

    Wash. U. ultimately had to litigate for 5 years, starting the litigation 18 years after the IIA was executed, in order to gain the benefit of their agreement with WARF.
    United StatesIntellectual Property
    Oblon
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Article

MCRO's Pyrrhic Victory

On May 20 the Federal Circuit for the second time found McRO's patent for automatically generating animations to be patentable, this time reversing the district court's finding of invalidity for lack of enablement.
United StatesLitigation, Mediation & Arbitration
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  • Article

    PTAB Issues Two New Precedential Opinions On Discretion To Deny Review – Implications For Generics

    Valve Corp. v. Electronic Scripting Prods., Inc. addresses follow-on petitions.
    United StatesLitigation, Mediation & Arbitration
    Oblon
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  • Article

    CAFC Weighs In On Machine Learning In Recentive Analytics v. Fox Corp.

    On April 18, 2025, the Court of Appeals for the Federal Circuit issued a precedential decision relating to a question of whether claims that do no more than apply established methods of machine learning to a new data environment are patent eligible
    United StatesTechnology
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  • Article

    Commission Issues General Exclusion Order In Certain High-Density Fiber Optic Equipment (337-TA-1194)

    On August 3, 2021, the Commission issued a notice of its final determination finding a violation of section 337 and issuance of a general exclusion order in Certain High-Density Fiber Optic Equipment and Components Thereof (Inv. No. 337-TA-1194).
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    INSIGHT: SAS Won't Overwhelm The New APJs

    In the days immediately following SAS Institute Inc.v. Iancu, 138 S. Ct. 1348, 200 L. Ed. 2d 695, 126 U.S.P.Q.2d 1307, 86 U.S.L.W. 4252 (2018) ...
    United StatesIntellectual Property
    Oblon
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  • Article

    PTAB Reiterates Prior Art Must Describe A Claimed Range With Sufficient Specificity To Support An Anticipation Rejection

    On May 2, 2023, the Patent Trial and Appeal Board (PTAB) overturned a rejection of a claim directed to microparticles containing leuprolide...
    United StatesIntellectual Property
    Oblon
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  • Article

    The USPTO Goes Rogue On Double Patenting And Danger Lurking In Patent Thickets

    The USPTO's Appeal Review Panel has issued a controversial decision in ex Parte Baurin, reversing a PTAB ruling and establishing that the theoretical possibility of harassment through split patent ownership alone can justify obvious-type double patenting rejections—even without any actual extension of patent monopoly periods.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    What You Say Can Hurt You

    Often in writing applications there is a tendency to denigrate prior art techniques.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    What To Know About Patents For Software As A Medical Device

    Using software and drugs together to treat a patient may create "a combination product." For example, in early 2019 Pear Therapeutics launched reSET-O, an app for treating addictions.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Oblon
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  • Article

    ALJ Cheney Finds Violation Of Section 337 In Certain Shingled Solar Modules (337-TA-1223)

    On November 18, 2021, ALJ Clark S. Cheney issued the public version of his October 22, 2021 initial determination ("ID") finding a violation of section 337 in Certain Shingled Solar Modules...
    United StatesIntellectual Property
    Oblon
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  • Article

    ALJ Shaw Issues Final Initial Determination Of No Violation Of Section 337 In Certain UMTS And LTE Cellular Communication Modules (337-TA-1240)

    On April 28, 2022, ALJ David P. Shaw issued the public version of his April 1, 2022 final initial determination ("ID") finding no violation of Section 337 in Certain UMTS and LTE Cellular Communication Modules...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Antibody-Drug Conjugates

    In our January Newsletter (here) we reported on the non-precedential Federal Circuit decision in Daiichi Sankyo Co. v. Seagen Inc., Fed. Cir. Dec 02, 2025...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Commission Denies Motion To Stay Remedial Orders In Certain Movable Barrier Operator Systems (337-TA-1209)

    The ALJ also issued a recommended determination recommending that the Commission issue a limited exclusion order and cease-and-desist order.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Commission Reopens Record And Remands Investigation In Certain Electronic Candle Products (337-TA-1195)

    On August 13, 2021, the Commission issued a notice of its determination to grant Complainants L&L Candle Company and Sotera Tschetter, Inc.'s (collectively, "Complainants") ...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Eye Therapies, LLC. v. Slayback Pharma, LLC: How Prosecution History Can Alter Phrase Interpretation

    On June 30, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision regarding transitional phrase claim construction, reversing the decision of the Patent Trial and Appeal Board (PTAB)...
    United StatesIntellectual Property
    Oblon
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  • Article

    Federal Circuit Grants Interim Stay In Certain Botulinum Toxin Products (337-TA-1145)

    On February 15, 2021 the U.S. Court of Appeals for the Federal Circuit granted an interim stay of the ITC's remedial orders in Certain Botulinum Toxin Products, Processes for Manufacturing or...
    United StatesIntellectual Property
    Oblon
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  • Article

    GSK Vs. Teva: Induced Infringement, Skinny Labels And Fat Damages

    Last week, in GlaxoSmithKline (GSK) v. Teva, the Federal Circuit reversed the district court's granting of judgment as a matter of law (JMOL) of no induced infringement by Teva.
    United StatesIntellectual Property
    Oblon
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  • Article

    IOEngine v. Ingenico: Printed Matter Doctrine and Forfeiture of Claim Construction

    In a precedential decision, the US Court of Appeals for the Federal Circuit partially reversed and partially affirmed the Final Written Decisions...
    United StatesIntellectual Property
    Oblon
    Oblon
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