IN RE THOMAS D. FOSTER, APC, - Before Moore, Prost, and Stoll. Appeal from the United States Patent and Trademark Office. Section 2(a) of the Lanham Act bars registration of a pending application for a mark that falsely...more
REALTEK SEMICONDUCTOR CORPORATION v. ITC - Before Reyna, Bryson, and Stoll. Appeal from the United States International Trade Commission. The Federal Circuit lacks jurisdiction to hear appeals of non-final determinations from...more
INCYTE CORPORATION V. SUN PHARMACEUTICAL INDUSTRIES, LTD. - Before Moore, Prost and Hughes. Appeal from the United States District Court for the District of New Jersey. A district court erred in issuing a preliminary...more
ALNYLAM PHARMACEUTICALS, INC. v. MODERNA, INC. - Before Taranto, Chen, and Hughes. Appeal from the United States District Court for the District of Delaware. Once the high threshold for lexicography is met, there must be a...more
6/30/2025
/ Appeals ,
CAFC ,
Claim Construction ,
Intellectual Property Litigation ,
Life Sciences ,
Moderna Inc. ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents
In Jazz Pharmaceuticals, Inc. v. Avadel Cns Pharmaceuticals, LLC, Appeal No. 24-2274, the Federal Circuit held that injunctions prohibiting the initiation of new clinical trials for paper NDA drugs before patent expiration...more
In Ams-Osram USA Inc. v. Renesas Electronics America, Inc., Appeal No. 22-2185, the Federal Circuit held that under Texas law, a trade secret becomes publicly accessible on the earliest date it could be reverse engineered...more
AZURITY PHARMACEUTICALS, INC. v. ALKEM LABORATORIES LTD. Before Murphy, Moore, and Chen. Appeal from the United States District Court for the District of Delaware. Arguments and amendments made during prosecution of a parent...more
Limits of Inherent Anticipation in Product-by-Process Claims - In Restem, LLC v. Jadi Cell, LLC, Appeal No. 23-2054, the Federal Circuit held that inherency in product-by-process claims requires the prior art to inevitably...more
ODYSSEY LOGISTICS & TECHNOLOGY CORP. v. STEWART - Before Dyk, Reyna, and Stoll. Appeal from the United States District Court for the Eastern District of Virginia. A patent applicant forfeited its Appointments Clause...more
IMMUNOGEN, INC. v. STEWART - Before Lourie, Dyk, and Prost. Appeal from the United States District Court for the Eastern District of Virginia. A solution to a problem can be obvious even when the problem itself was unknown in...more
In HD Silicon Solutions LLC V. Microchip Technology Inc., Appeal No. 23-1397, the Federal Circuit held that all but one patent claim were invalid as obvious because the claimed material, as properly construed, was disclosed...more
In Honeywell International Inc. v. 3G Licensing, S.A., Appeal No. 23-1354, the Federal Circuit held that under the obviousness standard of 35 U.S.C. § 103, the motivation to modify prior art does not need to be the same as...more
2/10/2025
/ Appeals ,
Claim Construction ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Applications ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents
Before Lourie, Dyk, and Hughes. Appeals from the United States Patent and Trademark Office. Summary: The Patent Trial and Appeal Board has jurisdiction over IPRs concerning expired patents because the review of such patents...more
2/7/2025
/ Appeals ,
Apple ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Jurisdiction ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Public Rights Doctrine ,
USPTO
Bound to Happen: Inherent Property Leaves No Question of Reasonable Expectation of Success - In Cytiva Bioprocess R&D Ab v. Jsr Corp., Appeal No. 23-2074, the Federal Circuit held that a claim limitation merely reciting an...more
1/10/2025
/ Appeals ,
Attorney's Fees ,
Claim Construction ,
Infringement ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Summary Judgment
In Cisco Systems, Inc. v. K.Mizra LLC, Appeal No. 22-2290, The Federal Circuit denied appellants’ unopposed motion to voluntarily dismiss their appeal where appellants filed the motion after the court’s opinion and days...more
Failure to Obtain Advice of a Third Party Is Not Evidence of Willfulness - In Provisur Technologies, Inc., v. Weber, Inc., Appeal No. 23-1438, the Federal Circuit held that patentees cannot use an accused infringer’s failure...more
11/14/2024
/ Claim Construction ,
Damages ,
ETSI ,
FRAND ,
Infringement ,
Injunctions ,
Intellectual Property Protection ,
Motion to Dismiss ,
Patent Infringement ,
Patents ,
Reversal ,
Third-Party
Before Stark, Lourie, and Bryson. Appeal from the United States District Court for the District of Connecticut. Summary: A narrowly defined patent license may result in some activity falling within the scope of the patent...more
Combining Abstract Ideas Does Not Make Them Less Abstract - In Broadband Itv, Inc. v. Amazon.Com, Inc., Appeal No. 23-1107, the Federal Circuit held that when assessing patent eligibility under 35 U.S.C. § 101, combining two...more
10/14/2024
/ Abstract Ideas ,
Alice/Mayo ,
Appeals ,
Expert Witness ,
Inventions ,
Patent Infringement ,
Patent Validity ,
Patent-Eligible Subject Matter ,
Patents ,
POSITA ,
Sua Sponte
Specify the Steps of Information Manipulation or Lose under § 101 - In Mobile Acuity Ltd. v. Blippar Ltd. Appeal No. 22-2216, the Federal Circuit held that patent claims that merely recite result-orientated, functional...more
9/10/2024
/ Abbreviated New Drug Application (ANDA) ,
America Invents Act ,
Food and Drug Administration (FDA) ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Motion to Dismiss ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS
Before Prost, Taranto, and Chen. Appeal from the United States District Court for the Western District of Wisconsin. Summary: Literal infringement and infringement under the doctrine of equivalents are treated as the same...more
In Natera, Inc v. Neogenomics Laboratories, Inc., Appeal No. 24-1324 the Federal Circuit held that preliminary injunction may be valid if a substantial question of invalidity was not raised, even if the asserted patent is...more
8/6/2024
/ Background Checks ,
Claim Construction ,
Estoppel ,
Ex Parte ,
Inter Partes Review (IPR) Proceeding ,
Limited Liability Company (LLC) ,
Patent Invalidity ,
Patent-Eligible Subject Matter ,
Patents ,
Preliminary Injunctions ,
Prior Art ,
Public Disclosure ,
Public Interest ,
USPTO
Before Bryson, Lourie, and Reyna. Appeal from the United States Patent and Trademark Office (“PTO”), Patent Trial and Appeal Board (“Board”). Summary: Estoppel under 37 C.F.R. § 42.73(d)(3)(i) only applies to obtaining new...more
Reliably Determining Reasonable Royalty Rates from Lump Sum Licenses - In Ecofactor, Inc. V. Google LLC, Appeal No. 23-1101, The Federal Circuit held that license agreements containing a lump sum payment “based on” a royalty...more
7/2/2024
/ Alice/Mayo ,
Appeals ,
Damages ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Google ,
Labeling ,
License Agreements ,
Lump Sum Payments ,
Motion to Dismiss ,
Patent Infringement ,
Patents ,
Pharmaceutical Patents ,
Royalties ,
Sports Gambling
Infringement Judgement is Only Final when there’s Nothing Left to Do but Execute - In Packet Intelligence LLC v. Netscout Systems, Inc., Appeal No. 22-2064, the Federal Circuit held that an infringement judgment is only...more
6/7/2024
/ Damages ,
Design Patent ,
Injury-in-Fact ,
Inter Partes Review (IPR) Proceeding ,
Licensing Rules ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Ownership ,
Patentability Search ,
Patents ,
Printed Matter Doctrine ,
Prior Art ,
Standing ,
Summary Judgment
Obviousness Analysis Does Not Consider Unclaimed Limitations - In Janssen Pharmaceuticals, Inc. v. Teva Pharmaceuticals Usa, Inc., Appeal No. 22-1258, the Federal Circuit held that district court erred by adding unclaimed...more