BOT M8 LLC v. SONY INTERACTIVE ENTERTAINMENT LLC -
Before Prost, Reyna, and Cunningham. Appeal from the Patent Trial and Appeal Board.
Summary: A party challenging the Board’s decision by alleging claim construction...more
SANOFI-AVENTIS DEUTSCHLAND GMBH V. MYLAN PHARMACEUTICALS INC.
Before Reyna, Mayer, and Cunningham. Appeal from Patent Trial and Appeal Board....more
REGENTS OF THE UNIVERSITY OF MINNESOTA V. GILEAD SCIENCES, INC.
Before Lourie, Dyk, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: For drug patents, adequate written description of a broad genus...more
3/7/2023
/ Food and Drug Administration (FDA) ,
Gilead Sciences ,
Inter Partes Review (IPR) Proceeding ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs
HOYT AUGUSTUS FLEMING V. CIRRUS DESIGN CORPORATION -
Before Lourie, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: A claim is obvious where “the proposed combination of [the...more
MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION -
Before Lourie, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: Sublicensee’s theory of royalty-based injury was too speculative to...more
12/2/2021
/ Appeals ,
Article III ,
Injury-in-Fact ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Jurisdiction ,
Life Sciences ,
Moderna Inc. ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Royalties ,
Standing
MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION -
Before Lourie, O’Malley and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: A presumption of obviousness based on overlapping ranges requires showing...more
12/2/2021
/ Biotechnology ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Life Sciences ,
Moderna Inc. ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prior Art
ELI LILLY AND COMPANY v. TEVA PHARMACEUTICALS -
Before Lourie, Bryson and O’Malley. Appeal from the Patent Trial and Appeal Board.
Summary: In claims for methods of using apparatuses or compositions, statements of...more
8/17/2021
/ Eli Lilly ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Life Sciences ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Teva Pharmaceuticals
TEVA PHARMACEUTICALS v. ELI LILLY AND COMPANY -
Before LOURIE, BRYSON, and O’MALLEY. Appeal from the Patent Trial and Appeal Board.
Summary: The presumption of nexus analysis requires the fact finder to consider the...more
8/17/2021
/ Eli Lilly ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Life Sciences ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Teva Pharmaceuticals
BECTON, DICKINSON AND COMPANY v. BAXTER CORPORATION ENGLEWOOD -
Before Prost, Clevenger, and Dyk. Appeal from the Patent Trial and Appeal Board.
Summary: A patent that has issued and subsequently been canceled may be...more
IN RE: GOOGLE TECHNOLOGY HOLDINGS LLC -
Before Taranto, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: Claim construction arguments are forfeited if not raised before the PTAB.
The PTAB...more
ST. JUDE MEDICAL, LLC v. SNYDERS HEART VALVE LLC -
Before Newman, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: The broadest reasonable interpretation of a claim must be considered in...more
COCHLEAR BONE ANCHORED SOLUTIONS AB V. OTICON MED. AB -
Before Taranto, O’Malley, and Newman. Appeal from the Patent Trial and Appeal Board.
Summary: Anticipation and obviousness analysis by the PTAB is not impossible...more
Federal Circuit Summary -
Before Dyk, Wallach, and Hughes. On remand from the Supreme Court.
Summary: Even though the issue of the jury’s award of lost profits was still pending, a party could not reopen the issue of...more
1/15/2019
/ Appeals ,
Enhanced Damages ,
Extraterritoriality Rules ,
Jury Trial ,
Lost Profits ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patents ,
Remand ,
Reversal ,
SCOTUS ,
Vacated ,
WesternGeco LLC v Ion Geophysical Corporation
Federal Circuit Summary -
Before Lourie, Dyk, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: The section 315(b) time-bar for IPRs applies even when the underlying complaint alleging infringement...more
8/29/2018
/ § 315(b) ,
Appeals ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
Reaffirmation ,
Time-Barred Claims ,
Vacated ,
Voluntary Dismissals