Alexis Cohen

Alexis Cohen

WilmerHale

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Federal Circuit Provides Guidance on Scope of IPR Estoppel

In its recent decision in Ingenico Inc. v. IOENGINE, LLC, the Federal Circuit affirmed the district court’s decision to allow Ingenico to introduce certain prior art at trial, finding that inter partes review (IPR) estoppel...more

5/15/2025  /  Appeals , CAFC , Estoppel , Intellectual Property Litigation , Inter Partes Review (IPR) Proceeding , Patent Invalidity , Patent Litigation , Patent Trial and Appeal Board , Prior Art , Statutory Interpretation

USPTO Issues Memo on Interim Process for PTAB Discretionary Denial Evaluation

On March 26, 2025, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office Coke Morgan Stewart issued a memorandum that makes several significant...more

4/1/2025  /  Appeals , Intellectual Property Litigation , Inter Partes Review (IPR) Proceeding , New Guidance , Patent Litigation , Patent Trial and Appeal Board , Post-Grant Review , U.S. Commerce Department , USPTO

AI-Powered Medical Devices Bring Patent and Regulatory Pitfalls

Artificial intelligence and machine learning are transforming the medical device industry. Simultaneously, companies are working to gain Food and Drug Administration approval and obtain intellectual property protection for...more

8/7/2024  /  Artificial Intelligence , Food and Drug Administration (FDA) , Intellectual Property Protection , Machine Learning , Medical Devices , New Guidance , Regulatory Oversight , Software Developers , U.S. Commerce Department , USPTO

Federal Circuit Addresses Scope of Medical Device and Drug Infringement Safe Harbor

On March 25, 2024, the Federal Circuit issued an opinion in Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., addressing whether the act of importing two heart valve systems for a medical conference was within the...more

4/2/2024  /  Clinical Trials , Food and Drug Administration (FDA) , Imports , Infringement , Medical Devices , Patent Infringement , Pharmaceutical Industry , Pharmaceutical Patents , Premarket Approval Applications , Safe Harbors

Federal Circuit Grill Ruling Clears Up Original Patent Requirement

The U.S. Court of Appeals for the Federal Circuit's recent precedential opinion in In re: Float'N'Grill LLC clarifies the original patent requirement based on Title 35 of the U.S. Code, Section 251, that applies to reissue...more

8/10/2023  /  Appeals , Claim Construction , Patent Litigation , Patents
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