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Branded Manufacturers Decline to Remove Patents From the Orange Book After Receiving Letters From the FTC

On Friday, June 21, 2024, the FDA updated its Patent Listing Dispute List to indicate that the ten pharmaceutical companies who had received warning letters from the FTC in April did not make changes to their patent listings...more

Federal Circuit Revisits Standard for Enablement of Antibody Claims

In Baxalta Incorporated v. Genentech, Inc., 2022-1461, the Federal Circuit affirmed the district court’s decision granting Genentech’s motion for summary judgment that claims 1-4, 9, and 20 of U.S. Patent No. 7,033,590 (“the...more

Potential Claim Construction Error Is Harmless When Not Relied Upon by the Board

BOT M8 LLC v. SONY INTERACTIVE ENTERTAINMENT LLC - Before Prost, Reyna, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: A party challenging the Board’s decision by alleging claim construction...more

Federal Circuit Finds Patent for Dietary Supplements Invalid Under § 101 for Reciting Naturally Occurring Milk Components

In ChromaDex, Inc. v Elysium Health, Inc., Appeal No. 2022-1116, the Federal Circuit upheld the invalidity of a claim reciting a supplement comprising nicotinamide riboside (“NR”), a component found in cow’s milk, under 35...more

Patent Term Adjustment Under 35 U.S.C. 154(b)(1)(C)(iii) Requires Reversal of Adverse Determination of Patentability

Summary: When a patent claim is subject to adverse determinations of patentability first before the PTO and again after appeal, the claim is not entitled to patent term adjustment for the period of the appeal even if the...more

Required Testing as Part of an Offer for Sale Does Not Preclude a Finding of a Commercial Sale for On-Sale Bar Defense

SUNOCO PARTNERS MARKETING v. U.S. VENTURE, INC. Before Prost, Reyna, and Stoll. Appeal from the United States District Court for the Northern District of Illinois. Summary: References to testing in an offer for sale...more

Prosecution History Disclaimer and Estoppel Lead To Noninfringement

TRAXCELL TECHNOLOGIES, LLC V. NOKIA SOLUTIONS AND NETWORKS Before Prost, O’Malley, and Stoll. Appeal from the Eastern District of Texas. Summary: An applicant’s arguments distinguishing prior art during patent...more

Single-Entity Requirement for Infringement Under § 271(a) Does Not Apply to § 271(g)

SYNGENTA CROP PROTECTION, LLC v. WILLOWOOD, LLC - Before Reyna, Taranto, and Stoll.  Appeal from the U.S. District Court for the Middle District of North Carolina. Summary: Infringement under § 271(g) does not require a...more

Disclaimed Patent Claims Fail to Give Rise to an Article III Case or Controversy

SANOFI-AVENTIS U.S., LLC v. FRESENIUS KABI USA, LLC - Before Lourie, Moore, and Taranto. Appeal from the United States District Court for the District of New Jersey. Summary: District courts lack the authority to...more

Personal Web Technologies, LLC v. Apple, Inc.

Before Moore, Taranto, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: The mere fact that a certain thing may result from a given set of circumstances is not sufficient to demonstrate inherency. Instead,...more

Bennett Regulator Guards, Inc. v. Atlanta Gas Light Company

Federal Circuit Summary - Before Lourie, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: 35 U.S.C. § 315(b), which prohibits the Board from instituting an IPR based on a petition filed...more

Xitronix Corporation v. KLA-Tencor Corporation [Order]

Federal Circuit Summaries - Before Prost, Newman, Mayer, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Petition for panel rehearing and rehearing en banc. Summary: Judge Newman...more

Jury Orders Apple Inc. to Pay $500 Million to VirnetX for Infringing Patents Covering A Secure Communication Link

Patent Judgments & Awards - In April 2018, a jury in the Eastern District of Texas awarded VirnetX Inc. (“VirnetX”) a total of more than $500,000,000 in its patent infringement suit against Apple Inc. (“Apple”). The four...more

In re: Hodges

Federal Circuit Summaries - Before Lourie, O’Malley, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s finding that an element in a prior art reference is “similar to” a claim limitation,...more

U.S. Supreme Court Significantly Restricts Patent Owners’ Ability to Control Resale of Patented Items

On Tuesday, May 30, 2017, the Supreme Court of the United States held in Impression Products, Inc. v. Lexmark International, Inc. that an authorized sale of a patented product exhausts all of the patentee’s rights in the...more

The Future of “Single Use Restrictions” in Jeopardy

In 1992, the United States Court of Appeals for the Federal Circuit held that manufacturers of patented medical devices can use the patent laws to enforce single-use restrictions on medical devices. Mallinckrodt, Inc. v....more

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