This case addresses two primary issues (i) whether the district court erred in construing the claim term “composition” in FMC’s pesticide patents to mean only “stable compositions,” based on disclosures found in a provisional...more
The Federal Circuit’s IBM v. Zillow decision (Appeal No. 24-1170) clarifies the scope of Section 314(d)’s bar to reviewing institution decisions and reaffirms that patent owners may still challenge final written decisions...more
Consistent with standing precedents, the U.S. Court of Appeals for the Federal Circuit (the court) invalidated Seagen’s US10,808,039 patent (the ’039 patent) claims directed to antibody-drug conjugates (ADCs) comprising a...more
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board inter partes review (IPR) decision, finding that: § 314(d) does not bar review of an IPR petition’s scope....more
The United States Court of Appeals for the Federal Circuit reviewed an appeal from the Patent Trial and Appeal Board’s decision in an ex parte reexamination of U.S. Patent No. 7,933,431, owned by Gesture Technology Partners,...more
The US Court of Appeals for the Federal Circuit affirmed a decision by the Patent Trial & Appeal Board, concluding that inter partes review (IPR) estoppel under 35 U.S.C. § 315(e)(1) does not apply to ongoing ex parte...more
Bayer Pharma Aktiengesellschaft v. Mylan Pharmaceuticals Inc., et al., No. 2023-2434 (Fed. Cir. (PTAB) Sept. 23, 2025). Opinion by Moore, joined by Cunningham and Scarsi (sitting by designation)....more
Underscoring functional relationships as limitations in patent claims and the importance of claim construction, the US Court of Appeals for the Federal Circuit affirmed in part, vacated in part, and remanded a Patent Trial &...more
In this edition of The Precedent, we outline the decision in Sierra Wireless v. Sisvel S.p.A. The Federal Circuit addressed an appeal from the USPTO Patent Trial and Appeal Board’s (the “PTAB” or the “Board”) final written...more
On August 19, 2025, the U.S. Court of Appeals for the Federal Circuit issued an opinion affirming the U.S. District Court for the Eastern District of Louisiana’s grant of summary judgment that claims of Wilco Marsh Buggies &...more
In an August 1, 2025, precedential ruling (FMC Corporation v. Sharda USA, LLC, No. 24-2335 (Fed. Cir. Aug. 1, 2025)), the U.S. Court of Appeals for the Federal Circuit vacated a temporary restraining order granted by the U.S....more
Under Dickinson v. Zurko courts (specifically, the Federal Circuit) should defer to factual determinations by administrative agencies like the U.S. Patent and Trademark Office unless they are not supported by substantial...more
Jiaxing Super Lighting Electric Appliance, Co., Ltd., et al. v. CH Lighting Technology Co., Ltd., et al., No. 2023-1715 (Fed. Cir. (W.D. Tex.) July 28, 2025). Opinion by Dyk, joined by Chen and Hughes....more
In a mixed ruling on evidentiary exclusions and damages methodology, the US Court of Appeals for the Federal Circuit affirmed in part, reversed in part, vacated in part, and remanded a district court’s decision that excluded...more
On May 22, 2025, the CAFC affirmed the PTAB’s (Board) Final Written Decisions in Pfizer’s IPR2021-00925 and IPR2021-00926 finding all challenged claims of uniQure’s U.S. Patent No. 9,982,248 (“the ’248 patent”) unpatentable...more
Honeywell filed a petition for inter partes review of 3G Licensing’s U.S. Patent No. 7,319,718, which claims a coding scheme for transmitting information in 3G mobile communication systems. The PTAB found none of the...more
In a series of rulings on a motion in limine, the District of Delaware recently distinguished between what qualifies as being incorporated by reference and what does not for the purposes of an anticipation defense. In short,...more
In Restem, LLC v. Jadi Cell, LLC, No. 2023-2054 (Fed. Cir. Mar. 13, 2025), the Federal Circuit upheld the Patent Trial and Appeal Board’s decision holding that U.S. Patent No. 9,803,176 (“the ’176 patent”) was not inherently...more
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board patentability finding, explaining that an anticipation analysis for a product-by-process claim focuses on the product and not the process....more
Inter partes activity involving design patents at the Patent Trial and Appeal Board (PTAB) was relatively low in 2024. The PTAB rendered just two inter partes decisions involving design patents: Next Step Group, Inc. v....more
On remand from the US Court of Appeals for the Federal Circuit in connection with inter partes review (IPR) proceedings, the Patent Trial & Appeal Board considered the petitioner’s reply arguments and evidence regarding the...more
SnapRays v. Lighting Defense Group, Appeal No. 2023-1184 (Fed. Cir. May 2, 2024) Our Case of the Week deals with an issue the Court has not addressed recently: the question of declaratory judgment jurisdiction....more
Law firms support a variety of clients with a wide-ranging suite of matters, making it increasingly difficult to roll out a “one size fits all” project management solution. Law firms with their own mature Discovery practice...more
All three of the challenges that the Patent Trial and Appeal Board (PTAB) instituted in 2022 resulted in a final written decision canceling the challenged patent. Two of the three final written decisions rendered in 2023 are...more
This year we are covering three claim construction cases from the Federal Circuit—one coming from the Board and the two from district court. Taken together, the cases are a good reminder of the high burden that a party must...more