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  • Article

    Federal Circuit Affirms On-Sale Bar In Caterpillar Appeal (2019-2306)

    On December 18, 2020 the Federal Circuit issued its Opinion in Caterpillar Inc. et al. v. Int'l Trade Comm'n, No. 2019-2306. This was an appeal from the Commission's ruling in...
    United StatesIntellectual Property
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  • Article

    Federal Circuit Upholds PTAB Finding Of Patentability In Medtronic v. Teleflex Life Sciences

    In Medtronic, Inc. v. Teleflex Life Sciences Ltd. the Federal Circuit upheld the Patent Trial and Appeal Board (PTAB) decision that U.S. Patent No. 8,142,413 ("the '413 patent")...
    United StatesIntellectual Property
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Article

Invalidation Of Chemical Compound Claims

Torrent Pharmaceuticals and Indoco Remedies Ltd. (Defendant-Appellant) appealed from the district court's final judgment on Takeda's (Plaintiffs-Appellees) invalidity challenges to claims 4 and 12 of U.S. Patent No. 7,807,689
United StatesIntellectual Property
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  • Article

    Markush Language Distinguishes Over Multi-Component Solvent

    The examiner rejected the original claims over the 1960s patents in combination with US 6,509,134 (Ito, 2003) and CN 102211998.
    United StatesIntellectual Property
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  • Article

    PTAB Finds Teaching Away In Non-Overlapping Range

    On March 15, 2023, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) issued an opinion in the appeal of US...
    United StatesIntellectual Property
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  • Article

    Pure AIA Patents And Applications Cannot Be Involved In Interferences

    In SNIPR TECHNOLOGIES LIMITED V. ROCKEFELLER UNIVERSITY, No. 2022-1260 (July 14, 2023) (Chen,* Wallach, and Hughes)...
    United StatesIntellectual Property
    Oblon
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  • Article

    Supreme Court Declines To Hear Idenix Case: Dispute Surrounding The Enablement Standard For Biotechnology Patents Continues

    On January 19, 2021, the Supreme Court denied a petition for certiorari to hear the Idenix Pharmaceuticals LLC v. Gilead Sciences Inc. case (941 F.3d 1149 (Fed. Cir. 2019)).
    United StatesIntellectual Property
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  • Article

    The Federal Circuit Still Doesn't Get Diagnostic Claims

    In Roche Diagnostics the Federal Circuit continued its failure to recognize that diagnostic claims were not patent ineligible because they used a natural law.
    United StatesIntellectual Property
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  • Article

    USPTO: Proposed Changes To Terminal Disclaimer Practice In Joint Research Agreement Situations

    The USPTO proposes to modify the rules of practice when certain types of patent applicants and patentees may obtain or enforce a second patent for an invention that is similar...
    United StatesIntellectual Property
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  • Article

    Invalidity Of Broad Claims For Lack Of Enablement In The Absence Of Sufficient Disclosure Of The Structure/Function Correlation And Unpredictability In The Art

    The patents share the same specification in relevant parts.
    United StatesIntellectual Property
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  • Article

    Show Me The Money – USPTO Fee Proposals Include Fee Provisions To Impact Applicant Behavior

    The USPTO has opened the discussion on its fees to be effective in 2025. While the PTO is to be applauded for getting ahead of the fee curve, unfortunately some proposed fees are not only outrageous...
    United StatesIntellectual Property
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  • Article

    Second Circuit Affirms Thom Browne, Inc. Jury Verdict, Rejecting Adidas Appeal Seeking A New Trial

    On May 3, 2024, the Second Circuit affirmed the trial court's judgment favoring Thom Browne, Inc. based on the jury's verdict of noninfringement of adidas's ubiquitous...
    United StatesLitigation, Mediation & Arbitration
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  • Article

    Jazz V. Amneal: Public Accessibility Of Prior Art V. Reasonable Pertinence Of Analogous Art

    Earlier this month, the Federal Circuit issued an opinion in Jazz Pharmaceuticals v. Amneal Pharmaceuticals, upholding the PTAB's finding that certain materials related to the FDA regulatory review...
    United StatesFood, Drugs, Healthcare, Life Sciences
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  • Article

    ALJ Elliot Issues Initial Determination In Certain Electronic Devices (337-TA-1200)

    On July 23, 2021, ALJ Cameron Elliot released the public version of his July 9, 2021 final initial determination ("ID") in Certain Electronic Devices, Including Streaming Players, Televisions...
    United StatesIntellectual Property
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  • Article

    ALJ Elliot Issues Public Version Of Initial Determination That Complainant Lacks Standing In Certain Electronic Devices (337-TA-1200)

    On February 2, 2021, ALJ Cameron R. Elliot issued the public version of his January 25, 2021 initial determination in Order No. 40 ...
    United StatesIntellectual Property
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  • Article

    Cannabis Patent Lawsuits Are Blazing—Why The Law Is So Hazy

    There's no prohibition on patenting illegal substances; however, if marijuana is illegal under federal law, how can a patent holder enforce such a right?
    United StatesIntellectual Property
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  • Article

    Director Vidal Issues Two Director Review Decisions In Cases Involving IPR Abuse And Also Provides Guidance To Parties On A Compelling Merits Determination

    On December 22, 2022, Director Vidal issued two Director review decisions, both in cases involving abuse of the IPR process. The first decision in Patent Quality Assurance (PQA)...
    United StatesIntellectual Property
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  • Article

    Federal Circuit Affirms ITC's $6.2M Fine For Consent Order Violation In Certain Two-Way Global Satellite Communication Devices (337-TA-854)

    On March 1, 2022, the Federal Circuit issued its opinion affirming the ITC's remand determination not to rescind or modify a $6.2 million civil penalty imposed on DBN Holding, Inc. for violations of a consent order.
    United StatesIntellectual Property
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  • Article

    Federal Circuit Vacates And Remands Finding Of Violation Of Section 337 In Certain Gas Spring Nailer Products (337-TA-1082)

    On January 21, 2022, the U.S. Court of Appeals for the Federal Circuit issued its opinion vacating and remanding the ITC's finding of a violation of section 337 in ...
    United StatesIntellectual Property
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  • Article

    Final Rules On PTA Calculations In View Of Supernus

    Although long overdue, the U.S. Patent and Trademark Office (USPTO) released its Final Rule Patent Term Adjustment Reductions in View of the Federal Circuit Decision...
    United StatesIntellectual Property
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