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Claims Reciting Material Properties of a Claimed Composition Withstand § 101 Scrutiny

US SYNTHETIC CORP. v. INTERNATIONAL TRADE COMMISSION - Before Dyk, Chen, and Stoll.  Appeal from the U.S. International Trade Commission. The Federal Circuit found claims reciting magnetic properties of a claimed...more

Jepson Claim Preamble Requires Written Description Support for Conventional Aspects of the Invention

IN RE: XENCOR, INC. Before Hughes, Stark, and Schroeder (sitting by designation).  Appeal from the U.S. Patent and Trademark Office, Patent Trial and Appeal Board. To provide adequate written description for a Jepson claim,...more

No Patent-Like Claims Under State Law

Before Chen, Bryson, and Stoll. Appeal from United States District Court for the District of Delaware. Summary: Federal patent laws preempted a state-law conversion claim. Inventorship was properly evaluated using a...more

Repleading Dismissed Claims Does Not Nullify Underlying Dismissal Order

Before Hughes, Stoll, and Cunningham. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Filing an amended complaint does not nullify a dismissal order that was not later...more

Concentration of a Sub-Topically Applied Compound Is Measured at Topical Application

UNIVERSITY OF MASSACHUSETTS v. L’ORÉAL S.A. Before Prost, Mayer, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: In claims of two patents regarding skin enhancement,...more

Negative Claim Construction Found Inadequate

SOUND VIEW INNOVATIONS, LLC v. HULU, LLC - Before Prost, Mayer, and Taranto. Appeal from the United States District Court for the Central District of California. Summary: It was improper to find a claim limitation...more

Identical Elements Are Not Required for the Presumption of Obviousness Based on Overlapping Ranges

ALMIRALL, LLC v. AMNEAL PHARMACEUTICALS LLC - Before Lourie, Chen, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: Presumption of obviousness based on overlapping ranges applied where a...more

Enforcing a Patent Known to be Invalid Can Trigger Attorneys’ Fees

ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC - Before Moore, Prost, and Stoll.  Appeal from the U.S. District Court for the District of North Dakota. Summary: Enforcing a patent with knowledge that it is invalid can...more

Willful Infringement Does Not Require “Wanton, Malicious, and Bad-Faith” Behavior

SRI INTERNATIONAL, INC. v. CISCO SYSTEMS, INC. Before LOURIE, O’MALLEY, and STOLL. Appeals from the United States District Court for the District of Delaware. Summary: Applying the proper test for willful...more

Federal Circuit Affirms $173 Million Award

BAYER HEALTHCARE LLC v. BAXALTA INC. Before Newman, Linn, and Stoll. Appeal from the District of Delaware. Summary: In upholding a $173 million dollar award, the Federal Circuit permitted a damages expert to present a...more

Concrete Plans Establish Standing for IPR Appeals

GENERAL ELECTRIC COMPANY v. RAYTHEON TECHNOLOGIES CORP. Before Lourie, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A party has standing to appeal an adverse IPR decision if it has concrete...more

Reasonable Or Not, Make Sure You Don’t Believe You Infringe

TECSEC, INC., v. ADOBE INC. Before Prost, Reyna, and Taranto. Appeal from the U.S. District Court for the Eastern District of Virginia. Summary: Even if it would be objectively reasonable to view a defendant’s conduct as...more

IPR Real-Parties-In-Interest Determination Is Final and Non-Appealable

ESIP SERIES 2, LLC V. PUZHEN LIFE USA, LLC - Before Reyna, Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s determination that an IPR petition identifies all real parties in...more

Supreme Court Holds Willfulness Is Not Required to Award Profits for Trademark Infringement

ROMAG FASTENERS, INC. v. FOSSIL, INC. Before the Supreme Court of the United States. On Writ of Certiorari to the United States Court of Appeals for the Federal Circuit. Summary: Trademark owners are not required to...more

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