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Federal Circuit Review | July 2024

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

Estoppel Does Not Apply to Previously Issued Claims

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

Federal Circuit Review | May 2024

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

Federal Circuit Instructs PTAB How to Apply Public Accessibility Standard

WEBER, INC. v. PROVISUR TECHNOLOGIES, INC. - Before Reyna, Hughes, and Stark.  Appeal from the Patent Trial and Appeal Board. Summary: Copyright notices in product manuals, which prohibited their reproduction and...more

Federal Circuit Review - November 2023

Federal Circuit Orders District Court to Consider Extrinsic Evidence in Claim Construction - In Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., Appeal No. 22-1889, the Federal Circuit held that where a...more

Federal Circuit Review - October 2023

Substantial Evidence in Determining Obviousness - In Schwendimann v. Neenah, Inc, Appeal No. 22-1335, the Federal Circuit held that the PTAB’s finding on obviousness is supported by substantial evidence that a skilled...more

Federal Circuit Review - August 2023

IPR Petitioners Must Be Permitted to Respond to Claim Constructions First Proposed in Patent Owner Response - In Axonics, Inc. v. Medtronic, Inc., Appeal No. 22-1532, the Federal Circuit held that where a patent owner in...more

IPR Decision Based on a Barely Mentioned Typo Violated the APA Notice Requirement

APPLE INC. v. COREPHOTONICS, LTD. Before Stoll, Linn, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: An IPR final written decision based on a party’s brief mention of an error in an expert...more

Federal Circuit Review - June 2023

Objective Evidence in Determining Obviousness - In Medtronic, Inc. v. Teleflex Innovations, Appeal No. 21-2357, the Federal Circuit held that a close prima facie case of obviousness can be overcome by strong evidence of...more

Federal Circuit Review - April 2023

Who Bears the Burden of Proof for IPR Estoppel? In Ironburg Inventions Ltd. v. Valve Corp., Appeal No. 21-2296, the Federal Circuit held that the patentee has the burden of proving that invalidity grounds not raised in a...more

Federal Circuit Review - February 2023

Arthrex Again? Federal Circuit Says, “No More!” - In Cywee Group Ltd. v. Google LLC, Appeal No. 20-1565, the Federal Circuit held that, while the Appointments Clause requires that the USPTO Director have the power to...more

Federal Circuit Review - November 2022

Restrictive Definitions Incorporated by Reference Do Not Necessarily Control for Later Patents in the Same Family - In Finjan LLC v. Eset, LLC, Appeal No. 21-2093, the Federal Circuit held that specific definitions...more

Federal Circuit Review - July 2022

In LG Electronics Inc. v. Immervision Inc., Appeal No. 21-2037, the Federal Circuit held that, where a reference contains an “obvious” error in a disclosure, even one not immediately apparent from the face of the disclosure,...more

Federal Circuit Review - May 2022

Somebody’s Wrong:  PTAB Must Resolve Conflicting Factual Testimony During IPR - In Google LLC v. IPA Technologies Inc., Appeal No. 21-1179, the Federal Circuit held that, for purposes of determining whether a reference was...more

Federal Circuit Review - March 2022

Claim Limitation Not Disclosed by Any Reference but Disclosed by “Proposed Combination” of References Is Obvious - In Hoyt Augustus Fleming v. Cirrus Design Corporation, Appeal No. 21-1561, the Federal Circuit held that a...more

Federal Circuit Review - February 2022

Ordered To Agree: Binding Settlement Agreement Provision Found Despite Absence of Singular, Executed Agreement - In Plasmacam, Inc. v. Cncelectronics, LLC Appeal No. 21-1689, the Federal Circuit held that an agreement on...more

Federal Circuit Review - December 2021

Ranges for Interdependent and Interactive Components Can Be Tricky to Derive - In Modernatx, Inc. v. Arbutus Biopharma Corporation, Appeal No. 20-2329, the Federal Circuit held that a presumption of obviousness based on...more

Federal Circuit Review - November 2021

Venue and Pleading Infringement in Hatch-Waxman Litigation Turn on Location and Identity of ANDA Filer - In Celgene Corp. v. Mylan Pharm. et al., Appeal No. 21-1154, the Federal Circuit held that in Hatch-Waxman...more

Federal Circuit Review - October 2021

No Assembly, No Infringement – Federal Circuit Declines to Expand the “Final Assembler” Theory of Direct Infringement In Acceleration Bay LLC v. Take-Two Interactive Software, Appeal No. 20-1700 the Federal Circuit held that...more

Federal Circuit Review - August 2021

It’s No Secret That a Related Company’s Physical Presence in a Jurisdiction May Not Be Enough For Proper Venue - In Andra Group, LP v. Victoria’s Secret Stores, LLC, Appeal No. 20-2009, The Federal Circuit held that an...more

Federal Circuit Review - July 2021

District Court’s Pleading Standard Returns an Error Code in PS4 Battle - In Bot M8 LLC v. Sony Corporation Of America, Appeal No. 20-2218, the Federal Circuit held that the district court’s view that infringement...more

Federal Circuit Review - April 2021

Copying From a Copyrighted Computer Program May Be Fair Use to the Extent Needed to Promote Adoption of the Use of Accrued Talents in Creating a New Software Platform - In Google LLC v. Oracle America, Inc., Appeal No....more

Federal Circuit Review - November 2020

No Shortcuts to the “Reasonable Pertinence” Analysis in the Analogous Art Inquiry - In Donner Technology, LLC v. Pro Stage Gear, LLC, Appeal No. 20-1104, the Federal Circuit determination as to whether a reference is...more

Federal Circuit Review - October 2020

Expiration of a Patent Does Not Always Trigger Application of Phillips Standard on IPR Appeal - In Immunex Corporation v. Sanofi-Aventis U.S. LLC, Appeal No. 19-1749, the Federal Circuit held that expiration of a patent...more

Federal Circuit Review - September 2020

Joining an IPR Triggers IPR Estoppel Only for Instituted Grounds - In Network-1 Technologies, Inc. v. Hewlett-Packard Company, Hewlett Packard Enterprise Company , Appeal No. 18-2338, the Federal Circuit held that a party...more

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