877 articles · page 20 of 74
IN RE KILLIAN Before Taranto, Clevenger, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: Section 101 jurisprudence is still sound post- Dobbs . Killian applied for a patent related to a system and method “for determining eligibility…
PAR PHARMACEUTICAL, INC. V. EAGLE PHARMACETICALS, INC. Before Moore , Prost, and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: An ANDA was held not to infringe asserted claims because the ANDA specifies pH…
CASES OF THE WEEK This week, we provide extensive write-ups about two consequential decisions issued by the United States Court of Appeals for the Federal Circuit concerning two procedural issues under the America Invents Act (“AIA”), both…
HOLOGIC, INC. v. MINERVA SURGICAL, INC. Before Stoll, Clevenger, and Wallach. Appeal from the United States District Court for the District of Delaware. Summary: Despite cancelling a claim prior to assignment, assignor estoppel still applied to bar…
IN RE MCDONALD Before Newman, Stoll, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: When applying for reissue, a patent applicant may not recapture subject matter that was intentionally surrendered to overcome a § 101…
CASE OF THE WEEK Hologic, Inc. v. Minerva Surgical, Inc. , Appeal Nos. 2019-2054, -2081 (Fed. Cir. Aug. 11, 2022) Our Case of the Week follows the Hologic saga as it returns to the Federal Circuit on remand from the Supreme Court’s decision vacating…
THALER V. VIDAL Before Moore, Taranto, and Stark. Appeal from the United States District Court for the Eastern District of Virginia. Summary: Under the Patent Act , an “inventor” must be a natural person. Therefore, an AI system cannot be an…
The verdict was affirmed just last month but the history of this case goes back to 2009. Orange Bang sued Vital Pharmaceuticals because they named their pre-workout drinks “Bang”. According to the Orange Bang , this was trademark infringement…
REALTIME ADAPTIVE STREAMING LLC v. NETFLIX INC. Before: Newman, Reyna, and Chen . Appeal from the Central District of California. Summary : Courts may use their inherent equitable powers to award attorneys’ fees for bad faith conduct. Realtime…
CAREDX, INC. V. NATERA, INC. Before Lourie , Bryson, and Hughes Summary: Expert testimony that steps of challenged patent claims were unconventional failed to preclude summary judgment of ineligibility where specification admitted the steps were…
CASE OF THE WEEK LG Electronics Inc. v. Immervision, Inc. , Appeal Nos. 2021-2037, -2038 (Fed. Cir. 2022)‎ In this week’s Case of the Week, the Federal Circuit considered how to treat a prior art reference in which the alleged teaching of a claim…
CASE OF THE WEEK Static Media LLC v. Leader Accessories LLC , Appeal No. 2021-2303 (Fed. Cir. June 28, 2022) In last week’s only precedential opinion issued in a patent case, the Federal Circuit reversed contempt and sanctions orders entered by the…
