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Federal Circuit Finds PTAB Should Have Invalidated Additional Claims in IPRs

In CRFD Research, Inc. v. Matal, No. 2016-2198 (Fed. Cir. Dec. 5, 2017), the Federal Circuit reviewed three IPR decisions, each on the same patent, reversing the PTAB’s finding in one of the three decisions. The PTAB had...more

Sale of Generic Drug to Physician With “Extensive Information” on the Label May Induce Infringement

In Sanofi v. Watson, No. 2016-2722, the Federal Circuit affirmed the district court’s decision, upholding induced infringement and validity of Sanofi’s patents covering compositions of, uses for, and methods for administering...more

Method of Using Existing Bank Cards to Access Mass Transit Fails Both Alice Steps

In Smart Sys. Innovations, LLC v. Chi. Transit Auth., No. 2016-1233, the Federal Circuit affirmed the district court’s decision holding that the claims at issue are directed to a patent ineligible abstract idea under 35...more

Hague Convention May Help Foreign Defendants in IPR

The America Invents Act introduced an inter partes review proceeding at the U.S. Patent and Trademark Office for challenging the validity of a patent. Under the AIA, an IPR proceeding may not be instituted if the petition...more

Trade Secret Defendant Cannot Compel Arbitration Based on an Employment Contract to Which It Is Not a Party

The Federal Circuit affirmed a decision by the U.S. District Court for the Northern District of California that Uber could not compel arbitration in a pending litigation filed by Waymo. In its complaint, Waymo asserted...more

Federal Circuit Remands For Further Consideration of Proper Irreparable Harm Test for Permanent Injunction

In Genband US v. Metaswitch Networks, No 2017-1148 (Fed. Cir. July 10, 2017), the Federal Circuit clarified that a patentee only need show “some connection” between the patent and sales of infringing products to meet the...more

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