John Bean Technologies Corporation v. Morris & Associates, Inc., Appeal Nos. 2020-1090, -1148 (Fed. Cir. Feb. 19, 2021) -
Our Case of the Week this week focuses on the doctrine of intervening rights, a doctrine that is...more
Amgen Inc. v. Sanofi, Appeal No. 2020-1074 (Fed. Cir. Feb. 11, 2021) -
In this week’s Case of the Week, the Federal Circuit affirmed a district court’s JMOL ruling that asserted claims of two related pharmaceutical patents...more
2/17/2021
/ Appeals ,
Indefiniteness ,
Inter Partes Review (IPR) Proceeding ,
JMOL ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
Summary Judgment
ABS Global, Inc. v. Cytonome/ST, LLC, Appeal No. 2019-2051 (Fed. Cir. Jan. 6, 2021)
For the second time in two weeks, our Case of the Week concerns issues relating to Article III justiciability of an appeal from an IPR...more
1/12/2021
/ Already LLC ,
Appeals ,
Article III ,
Inter Partes Review (IPR) Proceeding ,
Mootness ,
Nike ,
Patent Infringement ,
Reversal ,
SCOTUS ,
Standing ,
Summary Judgment
General Electric Co. v. Raytheon Techs. Corp., Appeal No. 2019-1319 (Fed. Cir. Dec. 23, 2020) -
In one of two precedential opinions this week, the Federal Circuit established new precedent concerning what it takes for a...more
In the only precedential patent opinion issued this week, the Federal Circuit determined multiple issues in cross-appeals from the district court’s disposition of post-trial motions following a jury trial. The dispute...more
VidStream LLC v. Twitter, Inc., Appeal No. 2019-1734, -1735 (Fed. Cir. Nov. 25, 2020) -
In the Federal Circuit’s only precedential case last week, the Court addressed the extent to which a book published before the...more
SIPCO, LLC v. Emerson Electric Co., Appeal No. 2018-1635 (Fed. Cir. Nov. 17, 2020) -
Our Case of the Week is one of two cases we revisit following further precedential decisions issued by the Federal Circuit this week (see...more
11/24/2020
/ § 315(b) ,
Appeals ,
Damages ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP
C.R. Bard Inc. v. AngioDynamics, Inc., Appeal No. 2019-1756, -1934 (Fed. Cir. Nov. 10, 2020) -
Our Case of the Week is one of two cases decided this week in which the Federal Circuit finds that a district court jumped the...more
11/17/2020
/ Appeals ,
Appellate Courts ,
Claim Construction ,
Discovery ,
Dismissals ,
Equitable Estoppel ,
Genuine Issue of Material Fact ,
Inter Partes Review (IPR) Proceeding ,
Inventors ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Petition for Writ of Certiorari ,
Pharmaceutical Patents ,
Summary Judgment
Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc., Appeal No. 2019-2402 (Fed. Cir. Nov. 5, 2020) -
In our Case of the Week, the Federal Circuit addressed a lingering question about venue following the...more
11/10/2020
/ Appeals ,
Claim Construction ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Hatch-Waxman ,
Investigational New Drug Application (IND) ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
SCOTUS ,
TC Heartland LLC v Kraft Foods ,
Venue
In re: Nitro Fluids L.L.C., Appeal No. 2020-142 (Fed. Cir. Oct. 28, 2020) -
In the Court’s only precedential patent opinion this week, the Federal Circuit granted a mandamus petition vacating the district court’s denial of...more
TecSec, Inc. v. Adobe, Inc., Appeal Nos. 2019-2192, -2258 (Fed. Cir. Oct. 23, 2020) -
In our Case of the Week, the Federal Circuit issued a wide-ranging opinion following three previous appeals in the same case and a jury...more
Immunex Corp. v. Sanofi-Aventis U.S. LLC, Appeal Nos. 2019-1749, -1777 (Fed. Cir. Oct. 13, 2020) -
In our Case of the Week, the Federal Circuit addressed the construction of the term “human antibodies.” In doing so, the...more
AntennaSys, Inc. v. AQYR Techs., Inc., Appeal No. 2019-2244 (Fed. Cir. Oct. 7, 2020) -
In the only precedential opinion issued by the Federal Circuit this week, the Court declined to reach the merits of a judgment of...more
GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., Appeal No. 2018-1976, -2023 (Fed. Cir. Oct. 2, 2020) -
Our Case of the Week focuses on the question of induced infringement, and particularly induced infringement in...more
PATENT CASE OF THE WEEK -
Apple Inc. v. Voip-Pal.com, Inc., Appeal No. 2018-1456, -1457 (Fed. Cir. Sept. 25, 2020) -
In our Case of the Week, the Federal Circuit addressed two novel issues following inter partes review...more
9/29/2020
/ 35 U.S.C. § 315(c) ,
Appeals ,
Apple ,
Estoppel ,
Hewlett-Packard ,
Inter Partes Review (IPR) Proceeding ,
Noninfringement ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Summary Judgment ,
Twitter
Facebook, Inc. v. Windy City Innovations, LLC, Appeal Nos. 2018-1400 et al. (Fed. Cir. Sept. 4, 2020)-
The only precedential decision this week was a modified panel decision of a prior precedential opinion following a...more
PATENT CASE OF THE WEEK -
Baxalta Inc. v. Genentech, Inc., Appeal No. 2019-1527 (Fed. Cir. Aug. 27, 2020) -
In this week’s Case of the Week, an appeal from the United States District Court for the District of Delaware,...more
9/1/2020
/ Appeals ,
Claim Construction ,
Inter Partes Review (IPR) Proceeding ,
Joint Inventors ,
Judicial Estoppel ,
Noninfringement ,
Patent Trial and Appeal Board ,
Patents ,
Remand ,
Summary Judgment ,
Vacated
PATENT CASE OF THE WEEK -
Security People, Inc. v. Iancu, Appeal No. 2019-2118 (Fed. Cir. Aug. 20, 2020) -
This week’s Case of the Week deals with whether a party can challenge the outcome of an inter partes review...more
PATENT CASE OF THE WEEK -
American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, Appeal No. 2018-1763 (Fed. Cir. July 31, 2020) -
In this week’s Case of the Week, the Federal Circuit modified and re-issued its...more
8/4/2020
/ Alice/Mayo ,
Appeals ,
Intellectual Property Owners Association ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Substantial Evidence Standard ,
Summary Judgment
PATENT CASE OF THE WEEK -
Uniloc 2017 LLC v. Hulu, LLC, Appeal No. 2019-1686 (Fed. Cir. July 22, 2020) -
In this appeal, the Federal Circuit held for the first time that in inter partes review (“IPR”) proceedings, when...more
PATENT CASE OF THE WEEK -
Dana-Farber Cancer Institute, Inc. v. Ono Pharmaceutical Co., Ltd., Appeal No. 2019-2050 (Fed. Cir. July 14, 2020) -
In this week’s Case of the Week, the Federal Circuit addressed inventorship...more
PATENT CASE OF THE WEEK -
Uniloc 2017 LLC v. Apple, Inc., Appeal Nos. 2019-1922, -1923, -1925, -1926 (Fed. Cir. July 9, 2020) -
This week’s case of the week focuses, not on a patent issue, but on a procedural issue common...more
7/14/2020
/ Appeals ,
Apple ,
Confidential Information ,
Inter Partes Review (IPR) Proceeding ,
License Agreements ,
Litigation Strategies ,
Motion to Dismiss ,
Motion To Seal ,
Obviousness ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Public Records ,
Third-Party
PATENT CASE OF THE WEEK -
Immunex Corp. v. Sandoz Inc., Appeal No. 2020-1037 (Fed. Cir. July 1, 2020) -
In this Biologics Price Competition and Innovation Act case, the Federal Circuit affirmed the bench trial ruling of...more
This week’s case of the week deals with issues relating to obviousness and standing in a consolidated appeal of two final written decisions issued in inter partes review (“IPR”) proceedings before the Patent Trial and Appeal...more
PATENT CASE OF THE WEEK -
In re: PersonalWeb Technologies LLC, Appeal No. 2019-1918 (Fed. Cir. June 17, 2020) -
In this week’s only precedential opinion, the Federal Circuit addresses issues of claim preclusion and the...more