News & Analysis as of

Incorporation by Reference Patent Litigation

McDermott Will & Emery

Change Between Provisional and Nonprovisional Application Is Lexicography

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court judgment of noninfringement, finding that deleting a portion of a definition between a provisional application and a nonprovisional application was...more

WilmerHale

Federal Circuit Patent Watch: Sanctions “will likely result” if a party “incorporate[s] by reference arguments into one brief from...

WilmerHale on

Precedential and Key Federal Circuit Opinions - PROMPTU SYSTEMS CORPORATION v. COMCAST CABLE COMMUNICATIONS, LLC [OPINION] (2022-1093, 2/16/2024) (Moore, Prost, and Taranto) - Per Curiam. The Court sua sponte issued...more

BakerHostetler

Incorporated References Can Be Used in an Anticipation Rejection

BakerHostetler on

A claim is said to be anticipated when a single prior art reference discloses, either expressly or inherently, each and every limitation of the claim. But what happens when a prior art reference discloses some aspects of the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Arbutus Biopharma Corp. v. ModernaTx, Inc. (Fed. Cir. 2023)

"This application claims priority to [properly identified earlier-filed application, the disclosure of which is expressly incorporated herein in its entirety" is a phrase commonly found in patents and patent applications as...more

Robins Kaplan LLP

Pharmacyclics LLC v. Alvogen, Inc.

Robins Kaplan LLP on

Case Name: Pharmacyclics LLC v. Alvogen, Inc., No. 2021-2270, 2022 WL 16943006 (Fed. Cir. Nov. 15, 2022) (Circuit Judges Chen, Bryson, and Hughes presiding; Opinion by Bryson, J.) (Appeal from D. Del., Connolly, J.)...more

BakerHostetler

Claim Terms Are Not Necessarily Interpreted by Patents Incorporated by Reference

BakerHostetler on

Finjan LLC v. ESET, LLC, Appeal No. 2021-2093 (Fed. Cir. 2022). The Federal Circuit reversed a district court’s summary judgment that interpreted the claims based on a definition in a separate patent that was incorporated...more

Goodwin

Issue Eighteen: PTAB Trial Tracker

Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - Droplets, Inc. v. E*TRADE Bank., Appeal No. 2016-2504 (Fed. Cir. 2018)?- In an appeal from an inter partes review, the Federal Circuit affirmed a decision by the PTAB invalidating a patent...more

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