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Evidence of Commercial Success and the Prior Art

YITA LLC V. MACNEIL IP LLC - Before Taranto, Chen, and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary: Evidence of commercial success that relates entirely to an individual claim element that was...more

Patent on Controlling Access to Drug Delisted from Orange Book

On February 24, 2023, in Jazz Pharms., Inc., v. Avadel CNS Pharms., LLC, the U.S. Court of Appeals for the Federal Circuit affirmed the United States District Court for the District of Delaware’s grant of an injunction...more

Justice Must Satisfy the Appearance of Justice— A Judge’s Family’s Financial Interest of 100 Shares of a Party’s Stock Is a...

CENTRIPETAL NETWORKS, INC. v. CISCO SYSTEMS, INC. Before Dyk, Taranto, and Cunningham. Appeal from the United States District Court for the Eastern District of Virginia. Summary: Placing stock in a blind trust does...more

Federal Circuit Reverses District Court’s Decision Based on On-Sale Bar (Junker v. Medical Components, Inc.)

On February 10, 2022, in Junker v. Medical Components, Inc., the U.S. Court of Appeals for the Federal Circuit reversed the Eastern District of Pennsylvania’s grant of summary judgment of no invalidity under the “on-sale bar”...more

Silence May Support Negative Claim Limitation

NOVARTIS PHARMACEUTICALS v. ACCORD HEALTHCARE INC. Before Moore, Linn, and O’Malley. Appeal from the United States District Court for the District of Delaware. Summary: A patent application that was silent about a...more

Federal Circuit Reverses PTAB’s Invalidation of Patent Claims for an Artificial Heart Valve (Snyders vs St. Jude)

On October 5, 2021, the U.S. Federal Circuit reversed a finding of invalidity by the Patent Trial and Appeal Board (PTAB) for patent claims related to an “artificial valve for repairing a damaged heart valve.”  ...more

Forget About Seeking a Reasonable Royalty—Court Affirms Order Excluding Damages Theory for Flash Memory Patent

MLC INTELLECTUAL PROPERTY, LLC v. MICRON TECHNOLOGY, INC. Before Newman, Reyna, and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: When relying upon lump sum...more

Bulk-Filed Patent Applications Claiming Distant Priority Trigger Prosecution Laches

HYATT v. HIRSHFELD - Before Reyna, Wallach, and Hughes. Appeal from the United States District Court for the District of Columbia. Summary: The PTO met its burden to prove prosecution laches for bulk-filed patent...more

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