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ARTICLE · 30 DECEMBER 2016

Spotlight On Upcoming Oral Arguments

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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This appeal arises from a PTAB decision upholding the patentability of all claims in an inter partes review proceeding.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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Monday December 5, 2016

Voxathon v. FCA, No. 16-1614, Courtroom 201

This decision arises from a E.D. Tex. case in which the court held that Voxathon's claims directed to a telephone set with multiple call appearance buttons were ineligible under 35 U.S.C. § 101. Voxathon argues that the district court erred not only in holding that the claims were directed to an abstract idea, but also incorrectly shifted the burden for the second step of the § 101 analysis to Voxathon, the patentee, to establish that an inventive concept was present.

Tuesday December 6, 2016

The Medicines Co. v. Hospira, No. 14-1469, Courtroom 402

In this appeal, the Federal Circuit will revisit its decision in Special Devices, Inc. v. OEA, Inc., which held that there is no exception to the 35 U.S.C. § 102(b) on-sale bar for commercial sales between inventors and suppliers. The Medicines Co. argues that the Court should clarify Special Devices by holding that the on-sale bar is not

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