In Corephotonics, Ltd. v. Apple Inc., the Federal Circuit partially signed off on Apple’s win before the Patent Trial and Appeal Board (PTAB) invalidating a number of patents owned by Corephotonics relating to dual-aperture...more
10/26/2023
/ Appeals ,
Apple ,
Design Patent ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Obviousness ,
Patent Litigation ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art
On Thursday of last week in Telefonaktiebolaget LM Ericsson v. TCL Corporation, the Federal Circuit affirmed two Patent Trial and Appeal Board (PTAB) decisions (IPR2015-01584 and IPR2015-01600) finding that a single claim in...more
11/14/2019
/ Appeals ,
Declaration ,
Evidence ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Public Information ,
Substantial Evidence ,
Supplemental Evidence
In a precedential decision that was unsealed last week by the Federal Circuit, the Patent Trial and Appeals Board (PTAB) was told that it erred in not considering evidence of copying when rendering its decision on obviousness...more
11/7/2019
/ Breach of Contract ,
Inter Partes Review (IPR) Proceeding ,
L'Oreal ,
Misappropriation ,
Nonobvious ,
Patent Applications ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Precedential Opinion ,
Prior Art ,
Trade Secrets ,
USPTO
The legal meaning of the transition language “consisting essentially of” is well-established in Federal Circuit case law and is generally construed to mean that the composition or formulation (a) necessarily includes the...more
10/21/2019
/ Claim Construction ,
Definiteness ,
Indefiniteness ,
Nautilus Inc. v. Biosig Instruments ,
Novelty ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Prior Art ,
SCOTUS ,
Section 112
The Federal Circuit recently reversed a lower court’s ruling of validity under the § 112 written description requirement effectively opening the door for a number of generic drug manufacturers to enter the market with a...more
5/24/2019
/ Abbreviated New Drug Application (ANDA) ,
Claim Construction ,
Patent Infringement ,
Patent Validity ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Precedential Opinion ,
Prior Art ,
Section 103 ,
Section 112 ,
Written Descriptions
In a precedential decision delivered this week, the Federal Circuit shot down arguments from Appellants BTG International Limited; Janssen Biotech, Inc.; Janssen Oncology, Inc.; and Janssen Research & Development, LLC (BTG),...more
5/17/2019
/ Appeals ,
Collateral Estoppel ,
Generic Drugs ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Prior Art ,
USPTO
In a precedential decision delivered recently, the Federal Circuit shot down arguments from Neptune Generics, LLC, Mylan Laboratories Ltd., and Fresenius Kabi USA, LLC that the Patent Trial and Appeals Board (PTAB) erred in...more
5/6/2019
/ Clinical Trials ,
Food and Drug Administration (FDA) ,
Inter Partes Review (IPR) Proceeding ,
Nonobvious ,
Obviousness ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Pharmaceutical Patents ,
Precedential Opinion ,
Prior Art ,
Section 101
On Tuesday, the Federal Circuit partially reversed a decision by the Patent Trial and Appeal Board that invalidated a number of claims in a Smith & Nephew, Inc. patent during inter partes reexamination. While many of Smith &...more
2/2/2018
/ Appeals ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reversal