News & Analysis as of

Appeals Inter Partes Review (IPR) Proceeding Written Descriptions

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc.

Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc., Appeal Nos. 2024-1965, -1966, -2082, -2083 (Fed. Cir. Jan. 29, 2025) Our Case of the Week is a 31-page decision that touches on a variety of issues, including...more

Sheppard Mullin Richter & Hampton LLP

Parus Holdings, Inc. v. Google LLC, No. 2022-1269, 2022-1270 (Fed. Cir. Jun. 12, 2023)

This case concerns determining the prior art status of certain references in an inter partes review. The Federal Circuit considered whether the Patent Trial and Appeal Board (the “Board”) was correct in declining to consider...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2023 #4

United Therapeutics Corporation v. Liquidia Technologies, Inc., Appeal Nos. 2022-2217, 2023-1021 (Fed. Cir. July 24, 2023) In the Federal Circuit’s only precedential patent case this week, the Court considered questions...more

McDermott Will & Emery

First Rule of the PTAB? Play by the Rules

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed two Patent Trial & Appeal Board decisions holding the challenged claims unpatentable as obvious, even though the Board declined to consider evidence of antedating and...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2023

Regents of the University of Minnesota v. Gilead Sciences, Inc., Appeal No. 21-2168 (Fed. Cir. Mar. 6, 2023) The Federal Circuit’s only precedential patent opinion this week focuses on the written description requirement...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2022 #2

In re: Volkswagen Group of America, Inc. and In re: Hyundai Motor America, Appeal Nos. 2022-108, -109 (Fed. Cir. Mar. 9, 2022) - In the most recent of multiple mandamus rulings issued by the Federal Circuit in relation to...more

McDermott Will & Emery

IPR on Written Description? Claims Found Unpatentable Based on Lack of Entitlement to Priority Date

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) ruling, based on a written description analysis, that certain claims were invalid as anticipated by an earlier priority...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2021

Biogen International GMBH v. Mylan Pharmaceuticals Inc., Appeal No. 2020-1933 (Fed. Cir. Nov. 30, 2021) - For the second time in two weeks, our Case of the Week focuses on the written description requirement, in...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2021 #2

Indivior UK Ltd. v. Dr. Reddy’s Laboratories S.A., Appeal Nos. 2020-2073, -2142 (Fed. Cir. Nov. 24, 2021) - Our Case of the Week this week focuses on the written description requirement when the patent claims a range. The...more

Knobbe Martens

TF3 Limited v. TRE Milano, LLC

Knobbe Martens on

Federal Circuit Summary - Before Newman, Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Claim construction was not reasonable where it extended the breadth of the claims beyond what was...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - SimpleAir, Inc. v. Google LLC, Appeal No. 2016-2738 (Fed. Cir. 2018) - In SimpleAir, Inc. v Google LLC, the Federal Circuit vacated a district court’s motion to dismiss pursuant to Rule...more

Knobbe Martens

Hologic, Inc., v. Smith & Nephew, Inc.

Knobbe Martens on

Federal Circuit Summaries - Before Newman, Wallach, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Disclosure of a species may provide written description support for a claimed genus when the field...more

Jones Day

Incorporation by Reference Users Beware

Jones Day on

In an appeal from final written decisions of the Patent Trial and Appeal Board (“Board”) in six inter partes review (IPR) proceedings where Ford Motor Co. (“Ford”) challenged two patents owned by Paice LLC (“Paice”), the...more

Schwabe, Williamson & Wyatt PC

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

McDermott Will & Emery

Written Description Too Attenuated for Patentability: Claims Lack Support

Addressing the Patent Trial and Appeal Board’s (PTAB’s) final determination in an inter partes re-examination, the US Court of Appeals for the Federal Circuit reversed the PTAB’s determination that some claims were supported...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Our report includes discussions of six of the precedential cases decided in the past week and will include the other three cases in next week’s report. In Aylus v. Apple, the panel finds prosecution disclaimer in a...more

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