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No Shortcuts to the “Reasonable Pertinence” Analysis in the Analogous Art Inquiry

DONNER TECHNOLOGY, LLC v. PRO STAGE GEAR, LLC - Before Prost, Dyk, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A determination as to whether a reference is analogous art to a claimed invention...more

Preamble Found Limiting Where It Supplied Antecedent Basis for Other Claim Limitations

SHOES BY FIREBUG LLC v. STRIDE RITE CHILDREN'S GROUP - Before Lourie, Moore, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: In similar claims of two related patents, one preamble was limiting...more

IPR Petitioners May Not Raise Appointments Clause Challenges Under Arthrex

CIENA CORPORATION v. OYSTER OPTICS, LLC - Before Moore, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Affirmatively petitioning for IPR waives the petitioner’s Appointments Clause...more

Non-Expert Testimony on Obviousness Is Inadmissible

HVLPO2, LLC v. OXYGEN FROG, LLC - Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida. Summary: It is an abuse of discretion to permit a witness to testify...more

Design Patent Figures Are Not the Only Source of Claim Limitations

CURVER LUXEMBOURG, SARL v. HOME EXPRESSIONS INC. Before Chen, Hughes, and Stoll. Appeal from the United States District Court for the District of New Jersey. Summary: Claim language specifying the article of manufacture...more

Parroting Language of Venue Statute Is Not Enough to Avoid Dismissal

WESTECH AEROSOL CORPORATION v. 3M COMPANY - Before Lourie, Mayer, and Reyna. Appeal from the United States District Court for the Western District of Washington. Summary: To establish proper venue, a plaintiff must...more

Omega Patents, LLC v. Calamp Corp.

Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Middle District of Florida. Summary: Asserting the district court’s claim construction prevented consideration of additional prior art,...more

Enplas Display Device Corp. v. Seoul Semiconductor Co.

Federal Circuit Summary - Before Newman, Hughes, and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: Reasonable royalty patent damages cannot include a royalty for...more

Apple's Latest Watch Receives FDA Approval For ECG Functionality

Since its first release in 2015, the Apple Watch has continued to evolve and incorporate more health- and fitness-tracking capabilities. The latest version of Apple’s Watch—Series 4—features a larger display screen, thinner...more

Biodelivery Sciences Intl, Inc. v. Aquestive Therapeutics, Inc.

Federal Circuit Summary - Before Newman, Lourie, and Reyna. Appeals from the Patent Trial and Appeal Board. Summary: A party did not waive SAS-based relief in an IPR appeal when it requested remand for consideration of...more

Senseonics Gets Green Light from FDA on Implantable Glucose Monitoring System

Senseonics recently received Premarket Approval from the Food and Drug Administration (FDA) for its Eversense® Continuous Glucose Monitoring (CGM) System. According to Senseonics, the Eversense® CGM System is the first and...more

Sumitomo Dainippon Pharma Co. v. Emcure Pharmaceuticals

Before Moore, Mayer, and Stoll. Appeal from the United States District Court for the District of New Jersey. Summary: Plain claim language will not be narrowed based on a patent’s specification unless the patentee clearly...more

Xeris' Pharmaceuticals Glucagon Progresses Towards FDA Approval

Xeris Pharmaceuticals, Inc. (“Xeris”) recently announced successful completion of both adult and pediatric clinical studies for its glucagon rescue pen....more

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