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Venture Capitalist Funding in Medtech Increasing

Recent reports, including one by PitchBook, indicate that both venture capitalist funding for medtech companies and the variety of medtech companies receiving venture capitalist funding has increased since the first quarter...more

Judicial Review: The PTAB Must Offer Reasonably Discernible Logic

PROVISUR TECHNOLOGIES, INC. v. WEBER, INC. Before Prost, Reyna, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB has an obligation to ensure that its logic is reasonably discernible from the...more

Medtronic Completes Acquisition of Cardiac Mapping Company Affera

Medtronic recently announced that its acquisition of Affera, Inc. has been completed. The acquisition was previously announced to be for $925 million with a $250 million contingency, as reported by MedCity News. Medtronic had...more

Somebody’s Wrong: PTAB Must Resolve Conflicting Factual Testimony During IPR

GOOGLE LLC v. IPA TECHNOLOGIES INC. Before Dyk, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: For purposes of determining whether a reference was prior art, the Board has an obligation...more

Pfizer Australia Announces Deal to Acquire ResApp Health

ResApp Health recently announced its planned sale to Pfizer Australia, a wholly owned subsidiary of Pfizer Inc. Pfizer agrees it would acquire 100% of the shares for AUD $0.115 / share, for a total equity value of...more

No Standing for Second Bite at the Apple

APPLE, INC. v. QUALCOMM, INC. Before Newman, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Apple lacked standing to appeal an IPR decision upholding patents that Apple licenses from...more

Bioventus’ Shareholders Approve Acquisition of Misonix

Bioventus recently announced that its shareholders approved its agreement to acquire Misonix.  Bioventus agrees to pay Misonix shareholders either 1.6839 shares of Bioventus class A common stock or $28.00 for each share of...more

Supreme Court Upholds, but Limits, Patent Infringement Defense of “Assignor Estoppel”

The U.S. Supreme Court recently decided a case resolving a patent dispute between two medical device companies, Hologic, Inc. and Minerva Surgical.  The opinion was closely watched because it raised the question of whether an...more

Corresponding Structure Snafu: Lack of Algorithm Renders Claims Indefinite

RAIN COMPUTING, INC. v. SAMSUNG ELECTRONICS CO. LTD. Before Lourie, Dyk, and Moore. Appeal from the United States District Court for the District of Massachusetts. Summary:  The structure for performing a function of...more

Claims to Printed Matter Are Patent-Ineligible Only if They Lack an Inventive Concept

C R BARD INC. v. ANGIODYNAMICS, INC. Before Reyna, Schall, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Claims that recited printed matter but arguably included an...more

Preliminary Injunction Denied Because of Failure to Draft Precise Terms That Capture the Intent of the Parties

TAKEDA PHARMACEUTICALS U.S.A., INC. V. MYLAN PHARMACEUTICALS INC. Before Prost, Newman, and Hughes. Appeal from the United States District Court for the District of Delaware - Summary: The scope of a contract term may...more

The Disclosure-Dedication Doctrine Applies Even When Disclosure Relates to a Different, Unclaimed Embodiment

EAGLE PHARMACEUTICALS INC. V. SLAYBACK PHARMA LLC. Before O’Malley, Reyna, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: The disclosure-dedication doctrine precludes...more

Balancing Intellectual Property (IP) Interests with National Interest in Response to the Coronavirus

Traditionally, it has been fairly uncommon to see new legislation in intellectual property (IP) law, compared to other areas of law. Instead, courts have generally been the avenue through which changes in IP law have been...more

Claims Including Computer Speed and Efficiency Improvements May Still Be Ineligible Under Section 101

CUSTOMEDIA TECHNOLOGIES, LLC V. DISH NETWORK CORPORATION, DISH NETWORK LLC. Before Prost, Dyk, and Moore. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Claims...more

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