News & Analysis as of

Recent IPR Guidance From a Trio of Forums

As inter partes review (IPR) practice continues to develop and practitioners feel their way around the edges, the last month brought helpful guidance from a trio of forums: the Federal Circuit, the Central District of...more

Wireless Does Not Mean “Without Wires”; “Streaming Video” Does Not Mean Emailing a Video File - In re Kevin R. Imes

Reviewing a final written decision of U.S. Patent Trial and Appeal Board (PTAB or Board), finding application claims unpatentable, the U.S. Court of Appeals for the Federal Circuit held that the Board erred in concluding that...more

Warner Chilcott Co, LLC v. Teva Pharms. USA, Inc

Case Name: Warner Chilcott Co, LLC v. Teva Pharms. USA, Inc., Nos. 2014-1439, 2014-1441, 2014-1444, 2014-1445, 2014-1446, 2014 U.S. App. LEXIS 21946 (Fed. Cir. Nov. 18, 2014) (Circuit Judges Lourie, Reyna and Taranto...more

Court Rules PTAB Decision to Institute AIA Review Is Final, Cannot be Appealed

In the first-ever ruling in an appeal of an American Invents Act review decision, the Federal Circuit Court of Appeals affirmed last week that a speed limit indicator patent is invalid. As an initial issue in the decision on...more

IN RE CUOZZO SPEED TECHNOLOGIES, LLC, Federal Circuit Upholds Patent Trial and Appeals Board Decision in First Appeal of Inter...

On February 4, 2015, the Federal Circuit issued an opinion in In re Cuozzo Speed Technologies, LLC, No. 2014-1301, upholding a final decision of the Patent Trial and Appeal Board (PTAB) to invalidate claims of a patent...more

Federal Circuit Affirms PTAB in First Completed Inter Partes Review Appeal

On February 4, 2015, the United States Court of Appeals for the Federal Circuit issued its first precedential decision reviewing a completed inter partes review (IPR) proceeding under the America Invents Act. The Court held...more

Federal Circuit Decides Appeal from First Final PTAB Decision in Inter Partes Review

On February 4, 2015, the Federal Circuit issued its first opinion in an appeal from a final written decision of the Patent Trial and Appeal Board (PTAB) in a proceeding under the America Invents Act (AIA). In In re Cuozzo...more

Practitioner Guilty of Inequitable Conduct: Considerations and Takeaways From the American Calcar v. Honda Decision

In its 2011 Therasense, Inc. v. Becton Dickinson & Co. decision, the Court of Appeals for the Federal Circuit set forth a more forgiving "but-for" causality standard for determining whether a patent is unenforceable due to...more

“Soda-Pop” Bottle Caps Can Be Analogous Art for Flash Chromatography Cartridges

Scientific Plastic Products, Inc. v. Biotage AB - Addressing the issue of analogous art in the context of inter partes reexamination, the U.S. Court of Appeals for the Federal Circuit affirmed a decision of the U.S....more

PTAB Denies Follow-On Petition for Inter Partes Review Including Prior Art and Arguments Raised in Earlier Petitions by Different...

Petitioner Unified filed a petition for IPR of 11 claims of a patent. Unified acknowledged that the patent was already subject to three other petitions for IPR and that the Board had instituted trial on two of those three...more

A Compound Is Obvious Where Only Minor Changes to a Prior Art “Lead Compound” Are Required to Make the Claimed Compound

Bristol-Myers Squibb Co. v. Teva Pharms USA, Inc. - Addressing the obviousness of a claimed compound where a person of skill would need to make only minor changes to a lead compound to arrive at the claimed invention,...more

Expert's Failure to Properly Apply Obviousness Standard Leads to Vacated Jury Verdict

InTouch Techs., Inc. v. VGo Communications, Inc. - Addressing the sufficiency of expert testimony to support a jury’s finding of obviousness, the U.S. Court of Appeals for the Federal Circuit reversed the district...more

Printed Publication Need Not Be Easily Located to Be Prior Art

Suffolk Techs., LLC v. AOL Inc. - Addressing the standard for establishing that an alleged prior art reference qualifies as a “printed publication,” the U.S. Court of Appeals for the Federal Circuit affirmed summary...more

Pre-AIA Statute Did Not Give Patent Owner in an Ex Parte Reexamination the Right to Bring an Action in District Court

In re Teles AG Informationstechnologien - Addressing whether a patent owner involved in a pre-America Invents Act (AIA) ex parte reexamination, could challenge an adverse reexamination decision in a district court...more

Combining Two Drugs Is Not Always Obvious

Sanofi-Aventis Deutschland GMBH v. Glenmark Pharmaceuticals Inc. - Addressing the obviousness of combining two known hypertension medications, the U.S. Court of Appeals for the Federal Circuit upheld a ruling of...more

A Combination of References Need Only Provide a “Reasonable Expectation of Success”

Hoffmann La-Roche Inc. v. Apotex Inc. - Addressing the validity of a dosing regimen patent in Abbreviated New Drug Application (ANDA) litigation, the U.S. Court of Appeals for the Federal Circuit affirmed a lower...more

Federal Circuit Review - Volume 3 | Issue 2 February 2013

In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more

Patent Watch: C.W. Zumbiel Co. v. Kappos

[T]he preamble constitutes a limitation when the claim(s) depend on it for antecedent basis, or when it "is essential to understand limitations or terms in the claim body." On December 27, 2012, in C.W. Zumbiel Co. v....more

Federal Circuit Review - Volume 2 | Issue 12 December 2012

In This Issue: • Indexing Not Required for Online Prior Art Publication • Claim Indefinite for Not Disclosing Any Structure • Aluminum Not Inherently Disclosed - Excerpt from Claim Indexing Not Required...more

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