Acuitas Therapeutics Inc. (“Acuitas”) filed a complaint (1-24-cv-00816) on July 12 against Alnylam Pharmaceutical Inc. (“Alnylam”) in the U.S. District Court for the District of Delaware, alleging incorrect inventorship of...more
In Hip, Inc. v. Hormel Foods Corp., the U.S. Court of Appeals, Federal Circuit, held that there was no joint inventorship when the contribution of preheating meat pieces using an infrared oven was insignificant in quality...more
Last week, the Federal Circuit issued another precedential decision on inventorship. However, unlike in HIP, Inc. v. Hormel Foods Corporation (22-1696) where the appellate panel found the purported inventor’s contribution to...more
As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more
The consequences of joint development agreements, particularly under circumstances where later development is pursued independently by the parties, can create, inter alia, allegations of improper ownership and infringement if...more
Joint inventorship has been called "one of the muddiest concepts in the muddy metaphysics of patent law" because the "exact parameters of what constitutes joint inventorship are quite difficult to define." Mueller Brass Co....more
Today’s big news in the patent world is probably the CVSG in American Axle and the potential for a new Supreme Court case on subject-matter eligibility. But the day-to-day work goes on at the Federal Circuit, including with...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
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
In a combined opinion, the US Court of Appeals for the Federal Circuit addressed appeals from district court grants of summary judgment over two patents, and an appeal from the Patent Trial and Appeal Board (PTAB) that one of...more
PATENT CASE OF THE WEEK - Duncan Parking Techs., Inc. v. IPS Group, Inc. and IPS Group, Inc. v. Duncan Solutions, Inc. et al., Appeal Nos. 2018-1205, -1360 (Fed. Cir. January 31, 2019) - The Court this week provided a...more
Federal Circuit Summary - Before Lourie, Dyk and Taranto. Consolidated Appeals from the Patent Trial and Appeal Board and the Southern District of California. Summary: A person is a joint inventor of the anticipating...more
Federal Circuit Summaries - Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York. Summary: A co-inventor did not transfer ownership interests in a...more
Is innovation a key component of your business plan? Will you distinguish yourself with unique product offerings? Whether protecting our men and women in uniform, advancing the treatment of medical conditions, or adding to a...more
In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the Patent Act’s 6-year limitation on...more
On July 22, 2015, the U.S. District Court for the District of Maryland dismissed a long standing patent infringement suit brought by StemCells, Inc. against Neuralstem, Inc., on the ground that all those with an ownership...more