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Patents › Rule 36 › Patent Invalidity

Sheppard Mullin Richter & Hampton LLP

Patent Eligibility: The Call for Supreme Court Clarity and for an End to Summary Affirmances

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The U.S. Supreme Court has once again been urged to revisit 35 U.S.C. § 101, the statute governing patent eligibility. Audio Evolution Diagnostics, Inc. (AED) filed a petition for writ of certiorari, challenging the Federal...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (April 19-23): Contingent Findings v. Alternative Holdings

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As many of you probably saw, Chief Judge Prost’s tenure as Chief Judge of the Federal Circuit is coming to a close, with Judge Moore set to become the new Chief Judge on May 22. But the upcoming transition doesn’t seem to...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (March 1-5): Purely Functional Claiming And Means-Plus-Function Elements

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Last week was argument week, and the Federal Circuit previewed its new YouTube channel for streaming live arguments (sadly, audio only for now).  Still, that didn’t slow the Federal Circuit down in issuing opinions, including...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc. (Fed. Cir. 2020)

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On September 3rd, the Federal Circuit affirmed under Rule 36 the decision by the District Court of Nevada (Du, J.) in March that the claims asserted by Amarin Pharma against West-Ward Pharmaceuticals International Ltd., Hikma...more

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