Case Name: Almirall, LLC v. Torrent Pharms., Ltd., Civ. No. 20-1373-LPS (D. Del. July 13, 2021) (Stark, J.) - Drug Product and Patent(s)-in-Suit: Aczone® Gel, 7.5% (Dapsone); U.S. Patent No. 9,517,219 (“the ’219 patent”)...more
Freshub, an emerging Smart Kitchen Commerce technology company that supports IoT based in-home grocery shopping, recently filed a patent infringement lawsuit against Amazon (Amazon.com, Amazon Digital Services, Prime Now,...more
A panel of the US Court of Appeals for the Federal Circuit found claims directed to methods of identifying and detecting a biomarker to be directed to patent-ineligible natural law, affirming a district court decision while...more
PATENT CASE OF THE WEEK - E.I. Du Pont De Nemours & Co. v. Unifrax I LLC, Appeal No. 2017-2575 (Fed. Cir. Apr. 17, 2019) - Our featured case of the week revolved primarily on the construction of a single claim term in...more
Addressing claim preclusion, the US Court of Appeals for the Federal Circuit reversed a district court’s dismissal of a complaint as barred by claim preclusion and the Kessler doctrine. SimpleAir, Inc. v. Google LLC, Case No....more
Slot Machine Patent Invalidated As Being Directed to Ineligible Subject Matter - Konami sued High 5 Games for patent infringement of U.S. Patent Nos. 8,096,869; 8,366,540; 8,662,810; and 8,616,955. The '869 patent, which...more
On March 21, 2018, the PTAB designated two decisions as “informative” that denied institution for presenting prior art that had been previously presented during prosecution. Becton, Dickinson & Co. v. B. Braun Melsungen AG,...more
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
Federal Circuit Summaries - Before Lourie, Reyna, and Chen. Appeal from the U.S. District Court for the Eastern District of Texas, Judge J. Rodney Gilstrap. Summary: Filing a terminal disclaimer to overcome an...more
Dividing a single patent application into multiple patents is often essential for deriving maximum economic benefit from the disclosed inventions. When an applicant wants to protect multiple inventions disclosed in a single...more
The Federal Circuit’s decision in Gilead Sciences, Inc. v. Natco Pharma Ltd. introduced even more confusion in an already confusing area of the law – namely obviousness-type double patenting. Obviousness-type double patenting...more
Federal Circuit Summaries - Before PROST, WALLACH, and TARANTO. Appeal from the District of Delaware Summary: (1) A party may not avoid inducement based on “substantial non-infringing uses,” and (2) prosecution history...more
On April 3, 2017, the Patent Trial and Appeal Board (PTAB) declined to institute post-grant review (PGR) of U.S. Patent No. 9,291,250 (the “’250 patent”), finding that it was not eligible for PGR. The petitioner argued that...more
For the past few years there has been fear that the law on priority claims in the European Patent Office (EPO) could result in a divisional application becoming prior art against its parent if the divisional application...more