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AIA Patents May Not Be Challenged in Interference Proceedings

SNIPR Technologies Ltd v. Rockefeller University - Before Chen, Wallach, and Hughes. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Patents whose priority is governed...more

Performing Claimed Features Faster Than Humans by Using Generic Computers Is Not Sufficient as an Improvement to Computer...

Trinity Info Media, L.L.C. v. Covalent INC. Before STOLL, BRYSON, and CUNNINGHAM.  Appeal from the United States District Court for the Central District of California. Summary: Patents directed to connecting users...more

Patent Directed to System for Controlling Access to Drugs Is Not Listable in the Orange Book

JAZZ PHARMACEUTICALS, INC. v. AVADEL CNS PHARMACEUTICALS, LLC - Before Lourie, Reyna, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: A patent directed to a system to reduce...more

Evidence of Actual Physician Practice is Relevant in Determination of Direct Infringement

GENENTECH, INC. V. SANDOZ INC. Before Newman, Lourie, and Prost. Appeal from the United States District Court for the District of Delaware. Summary: The district court did not clearly err in considering evidence of...more

Duplicative-Litigation Doctrine: Proper Motion Practice Is Essential to Avoid Dismissal of Duplicative Complaints

ARENDI S.A.R.L. v. LG ELECTRONICS INC. - Before Prost, Chen, and Stoll. Appeal from the U.S. District Court for the District of Delaware. - Summary: Under the duplicative-litigation doctrine, a party cannot maintain two...more

Motive Matters – Forum Shopping Can Lead To Attorneys’ Fees

Summary: Courts may use their inherent equitable powers to award attorneys’ fees for bad faith conduct....more

Required Testing as Part of an Offer for Sale Does Not Preclude a Finding of a Commercial Sale for On-Sale Bar Defense

SUNOCO PARTNERS MARKETING v. U.S. VENTURE, INC. Before Prost, Reyna, and Stoll. Appeal from the United States District Court for the Northern District of Illinois. Summary: References to testing in an offer for sale...more

Effects of Proximity, Plurals, and Passive Voice for Claim Construction

APPLE INC. v. MPH TECHNOLOGIES OY - Before Moore, Prost, and Taranto. Appeal from Patent Trial and Appeal Board. Summary: The proximity of concepts in a claim may link the concepts together and affect the plain meaning...more

Written Description: What Is the Proper “Dosage” to Satisfy This Requirement?

BIOGEN INTERNATIONAL GMBH V. MYLAN PHARMACEUTICALS INC. Before O’Malley, Reyna, and Hughes. Appeal from the United States District Court for the Northern District of West Virginia. Summary: A specification may not...more

Patentee Failed to Apportion Licenses to Bundled Patents to Establish Royalties

OMEGA PATENTS, LLC v. CALAMP CORPORATION - Before Prost, Dyk, and Hughes. Appeal from the United States District Court for the Middle District of Florida. Summary: Licensing policies that allow use of any or all of a...more

One Abstract Idea + Another Abstract Idea = An Abstract Idea

In Re PERSONALWEB TECHNOLOGIES LLC - Before Prost, Lourie, and Reyna. Appeal from the District Court for the Northern District of California. A patent directed to a medley of mental processes with no inventive concept...more

You Missed a Spot: The PTAB Should Consider All Presented Arguments and Evidence in Obviousness Determinations

CANFIELD SCIENTIFIC, INC. v. MELANOSCAN, LLC - Before Newman, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s refusal to consider presented arguments and evidence can be a...more

No Simulating Alice Requirements: Application of Abstract Ideas Alone Cannot Transform Patent Ineligible Subject Matter

SIMIO, LLC V. FLEXSIM SOFTWARE PRODUCTS, INC. Before Prost, Clevenger, and Stoll. Appeal from the United States District Court for the District of Utah. Summary: A claim whose only inventive concept is the applications...more

Venue in Hatch-Waxman Cases Tied to Acts of ANDA Submission

VALEANT PHARMACEUTICALS v. MYLAN PHARMACEUTICALS - Before Newman, O’Malley, and Taranto. Appeal from the District Court of New Jersey - Summary: Venue in Hatch-Waxman cases is proper only in districts where actions...more

Federal Circuit Has Jurisdiction to Review Joinder Decisions in IPRs

FACEBOOK, INC., V. WINDY CITY INNOVATIONS LLC Before Prost, Plager, and O’Malley.  Appeal from the Patent Trial and Appeal Board. Summary:  The Federal Circuit has jurisdiction to review challenges to the Board's joinder...more

Eleventh Amendment Protects States From Involuntary Joinder in Patent Suits

Gensetix, Inc. v. Baylor College of Medicine - Before Newman, O’Malley, and Taranto. Appeal from the U.S. District Court for the Southern District of Texas. Summary: A state can invoke sovereign immunity under the...more

Sharing Active Moiety With an FDA-Approved Product Is Not Enough to Be Considered an Approved Product for the Purposes of Patent...

BIOGEN INTERNATIONAL GMBH v. BANNER LIFE SCIENCES LLC - Before Lourie, Moore, and Chen. Appeal from the U.S. District Court for the District of Delaware - Summary: If a claimed product is not the active ingredient of...more

En Banc Federal Circuit Denies Rehearing of Holding That Severance of an Unconstitutional Restriction in the America Invents Act...

ARTHREX, INC. v. SMITH & NEPHEW, INC. Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Petition for rehearing en banc of a panel decision of an appeal from the Patent...more

Examiner Amendments Can Trigger Prosecution History Estoppel

Amgen, Inc. v. Amneal Pharmas. LLC et al - Before Newman, Lourie, and Taranto.  Appeal from the U.S. District Court for the District of Delaware. Summary: An examiner amendment may give rise to prosecution history...more

Patent Applicant Not Required to Pay PTO’s Attorneys’ Fees in District Court Suit to Obtain a Patent

PETER V. NANTKWEST, INC. Before Sotomayor, Roberts, Ginsburg, Breyer, Alito, Kagan, Gorsuch, and Kavanaugh. Appeal from the Federal Circuit on rehearing en banc. Summary: A patent applicant appealing an adverse decision...more

Completion of Phase I Safety Trials for FDA Approval May Not Be Sufficient to Show Reasonable Expectation of Success

OSI PHARMACEUTICALS, LLC v. APOTEX INC - Before Stoll, Newman, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: A pharmaceutical company’s statement touting the completion of Phase I safety trials...more

Federal Circuit Rejects Claim Construction That Improperly Narrowed the Claim

CISCO SYSTEMS, INC. v. TQ DELTA, LLC - Before Newman, Linn, and Wallach. Appeal from Patent Trial and Appeal Board. Summary: It is improper to read limitations from a preferred embodiment described in the specification...more

A Single Prior Art Reference Can Render a Patent Obvious

GAME AND TECHNOLOGY CO., LTD. v. ACTIVISION BLIZZARD INC. Before Prost, Lourie, and Wallach. Appeal from the Patent Trial and Appeal Board (PTAB). Summary: A single prior art reference can render a patent obvious if it...more

Sri International, Inc. v. Cisco Systems, Inc.

Federal Circuit Summary - Before Lourie, O’Malley, and Stoll. Appeal from District of Delaware. Summary: Under step one of Alice, a claim is not directed to an abstract idea when it recites a specific technique to...more

Continental Circuits LLC v. Intel Corporation

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

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