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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

IPR Petitioners Must Be Permitted to Respond to Claim Constructions First Proposed in Patent Owner Response

AXONICS, INC. v. MEDTRONIC, INC. Before Dyk, Lourie, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Where a patent owner in an IPR proposes a claim construction for the first time in a patent...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

Indefiniteness Is Not Determined by the Claim Language Alone

NATURE SIMULATION SYSTEMS INC. v. AUTODESK, INC. Before Newman, Lourie, and Dyk.  Appeal from the United States District Court for the Northern District of California. Summary: It was improper for the district court...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

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

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