News & Analysis as of

Reversible Error Appeals Patent Litigation

Haug Partners LLP

The Federal Circuit Says Prosecution History Was Insufficient to Overcome the Claims and Written Description for Claim...

Haug Partners LLP on

Baxalta Inc. v. Genentech, Inc., 2019-1527, (Fed. Cir. Aug 27, 2020) - In an appeal from the District of Delaware, the Federal Circuit (Judges Moore, Plager, and Wallach) vacated and remanded the district court’s judgment...more

Knobbe Martens

Single-Entity Requirement for Infringement Under § 271(a) Does Not Apply to § 271(g)

Knobbe Martens on

SYNGENTA CROP PROTECTION, LLC v. WILLOWOOD, LLC - Before Reyna, Taranto, and Stoll.  Appeal from the U.S. District Court for the Middle District of North Carolina. Summary: Infringement under § 271(g) does not require a...more

Smart & Biggar

Federal Court of Appeal confirms obviousness finding in section 8 bortezomib action against Teva

Smart & Biggar on

As previously reported, the Federal Court granted Teva’s claim for compensation under section 8 of the Patented Medicines (Notice of Compliance) Regulations relating to Teva’s bortezomib product (Janssen markets bortezomib as...more

Knobbe Martens

Publication Shelved in Publicly Accessible Library Was Accessible to the Public and Therefore Available as Prior Art

Knobbe Martens on

TELEFONAKTIEBOLAGET LM ERICSSON v. TCL CORPORATION - Before NEWMAN, LOURIE, and CLEVENGER. Appeal from the Patent Trial and Appeal Board. Summary:  Publications shelved in publicly accessible libraries may be publicly...more

Knobbe Martens

Continental Circuits LLC v. Intel Corporation

Knobbe Martens on

Federal Circuit Summaries - Before Lourie, Linn, and Taranto. Appeal from the United States District Court for the District of Arizona. Summary: Reading a process limitation into a product claim is improper where the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Issues Second Reversal in an Inter Partes Review Finding the PTAB’s Obviousness Analysis to Contain “Legal Errors”...

On November 3, 2015, the Federal Circuit issued Belden Inc. v. Berk-Tek LLC1, a rare precedential opinion reversing a determination by the Patent Trial and Appeal Board (PTAB) in an inter partes review proceeding. This is...more

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