The US Court of Appeals for the Federal Circuit dismissed an appeal, finding it lacked appellate jurisdiction to review a Patent Trial & Appeal Board (Board) decision to vacate an institution decision of inter partes review...more
Addressing the disclosure-dedication doctrine, the US Court of Appeals for the Federal Circuit concluded that the disclosure-dedication doctrine barred a patent owner’s claim of infringement under the doctrine of equivalents...more
Addressing the issue of whether litigation costs that exceed potential damages necessarily render a case exceptional, the US Court of Appeals for the Federal Circuit affirmed a district court’s decision that they did not....more
10/4/2019
/ Appeals ,
Attorney's Fees ,
Exceptional Case ,
Injunctive Relief ,
Jury Trial ,
Litigation Fees & Costs ,
Lost Profits ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Summary Judgment
In reversing a district court decision as to whether a validity issue remained justiciable after the challenged claims were disclaimed, the US Court of Appeals for the Federal Circuit explained that the patent owner’s...more
10/2/2019
/ Appeals ,
Article III ,
Claim Disclaimer ,
Claim Preclusion ,
Inter Partes Review (IPR) Proceeding ,
Jurisdiction ,
Justiciable Controversy ,
Lack of Authority ,
Mootness ,
Motion to Amend ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Reversal ,
Treatment Method Patents
Addressing the patentability of method-of-treatment claims, the US Court of Appeals for the Federal Circuit issued two decision finding such claims patent eligible. Natural Alternatives Int’l, Inc. v. Creative Compounds, LLC,...more
4/25/2019
/ Appeals ,
Judgment on the Pleadings ,
Method Claims ,
Motion to Dismiss ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Product of Nature Doctrine ,
Remand ,
Reversal ,
Section 101 ,
Treatment Method Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s claim construction, finding that later-added dependent claims cannot broaden claim scope affirmatively limited by the specification. Cave Consulting...more
On-Sale Bar Is No Bar for Selling Manufacturing Services to the Inventor -
Addressing what constitutes an invalidating “sale” under § 102(b), the US Court of Appeals for the Federal Circuit sitting en banc affirmed the...more
11/4/2016
/ Abbreviated New Drug Application (ANDA) ,
Antitrust Violations ,
Appeals ,
Direct Infringement ,
Food and Drug Administration (FDA) ,
HIV ,
Indirect Infringement ,
Inventors ,
Manufacturers ,
Motion to Dismiss ,
On-Sale Bar ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Product Hopping ,
Reverse Payments ,
Sherman Act