Before Moore, Lourie, and Albright. Appeal from the United States District Court for the District of Colorado. Summary: Awarding attorneys’ fees may be an abuse of discretion if the court relies on factors that should be...more
Before Dyk, Prost, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: Because the PTAB’s MTA Pilot Program’s core purpose is to allow patent owners to address errors or deficiencies in motions to amend, the...more
Summary: License agreements containing a lump-sum payment “based on” a royalty rate may provide reliable evidence of a reasonable royalty rate for the licensed patent. EcoFactor sued Google for patent infringement over...more
INLINE PLASTICS CORP V. LACERTA GROUP, LLC -
Before Taranto, Chen, and Hughes. Appeal from the United States District Court for the District of Massachusetts....more
VIRTEK VISION INTERNATIONAL ULC, v. ASSEMBLY GUIDANCE SYSTEMS, INC., DBA ALIGNED VISION -
Before Moore, Hughes, and Stark. Appeal from the Patent Trial and Appeal Board (“Board”)....more
IN RE CELLECT, LLC -
Before Lourie, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: Obviousness-type double patenting analyses for patents with Patent Term Adjustments are based on the...more
8/31/2023
/ Escape Clauses ,
Ex Parte ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Term Adjustment ,
Patent Term Extensions ,
Patent Trial and Appeal Board ,
Patents ,
Terminal Disclaimer ,
USPTO
YITA LLC V. MACNEIL IP LLC -
Before Taranto, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: Evidence of commercial success that relates entirely to an individual claim element that was...more
IRONBURG INVENTIONS LTD. v. VALVE CORP.
Before Lourie, Clevenger, and Stark. Appeal from the United States District Court for the Western District of Washington.
Summary: The patentee has the burden of proving that...more
Plastipak Packaging, Inc. v. Premium Waters, Inc. Before Newman, Stoll, and Stark. Appeal from the United States District Court for the Western District of Wisconsin. Summary: An overwhelming amount of evidence in favor of...more
ADASA INC. v. AVERY DENNISON CORPORATION -
Before Moore, Hughes and Stark. Appeal from the United States District Court for the District of Oregon.
Summary: A claim directed to a specific, hardware-based data...more
The FDA has announced new goals to help modernize its procedures and respond to new technologies. In a blog post by FDA Commissioner Scott Gottlieb, M.D., the agency expressed new priorities to help modernize clinical trials...more
Federal Circuit Summary -
Before Prost, Bryson, and O’Malley. Appeal from the United States District Court for the Western District of Wisconsin.
Summary: (1) To uphold a jury verdict of infringement, evidence must...more
The FDA has recently approved Embrace, a smart watch designed to monitor epileptic patients for seizures, according to a press release. According to the press release, the device uses machine learning to monitor patients for...more
Federal Circuit Summaries -
Before Lourie, O’Malley, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: Evaluation of “teaching away” requires consideration of whether a reference “criticize[s],...more
2/12/2018
/ Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Evidence ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reaffirmation ,
Reversal
On August 29, the FDA announced a recall of 465,000 implantable pacemakers, citing concerns that hackers may be able to take control of the pacemakers’ settings. This would open patients up to danger from improper pacing or...more
The FDA has announced that it will create a new unit responsible for overseeing digital health products. According to Bakul Patel, the Associate Center Director for Digital Health at FDA, the agency is working to define...more
The Washington State Supreme Court recently released its decision in Taylor v. Intuitive Surgical, Inc. where it held that Washington law requires medical device manufacturers to warn hospitals that purchase their products of...more
4/8/2017
/ Appeals ,
Duty to Warn ,
Failure To Warn ,
Hospitals ,
Jury Instructions ,
Manufacturers ,
Medical Devices ,
Product Defects ,
Remand ,
Robotics ,
Vacated ,
WA Supreme Court
ICU Medical and Pfizer have reached an agreement to transfer ownership of Hospira Infusion Systems to ICU Medical, according to a joint press release on October 6....more
The FDA recently approved INSIGHTEC’s Premarket Approval (“PMA”) application for ExAblate Neuro, a device designed to treat essential tremor. Essential tremor is the most common kind of tremor; it commonly affects the hands,...more
The U.S. Food & Drug Administration (FDA) has released statistics showing that it inspected fewer medical device manufacturers in 2015 than in 2014....more