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CASES OF THE WEEK Intel Corp. v. Qualcomm Inc. , Appeal Nos. 2020-1828, -1867 (Fed. Cir. Dec. 28, 2021)‎ The Federal Circuit issued two precedential decisions this week—both arising from IPRs filed by Intel against patents owned by Qualcomm. In…
INTEL CORPORATION v. QUALCOMM INCORPORATED Before Prost, Taranto, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A “generic” motivation to combine that has broad appeal or applicability is not deficient so long as it is…
CASES OF THE WEEK AstraZeneca AB v. Mylan Pharmaceuticals Inc. , Appeal No. 2021-1729 (Fed. Cir. Dec. 8, 2021) Our Case of the Week again focuses on numerical values in claims. Last week we addressed a case involving whether there was written description…
TEVA PHARMACEUTICALS USA, INC., v. CORCEPT THERAPEUTICS, INC. Before Moore, Newman, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Limitations, such as specific drug doses, in claim language can impact the application of the reasonable…
ASTRAZENECA AB v. MYLAN PHARMACEUTICALS INC. Before: Taranto, Hughes, and Stoll Summary: For purposes of claim construction, intrinsic evidence can trump the plain and ordinary meaning of scientific conventions such as significant figures. AstraZeneca AB…
CASES OF THE WEEK Biogen International GMBH v. Mylan Pharmaceuticals Inc. , Appeal No. 2020-1933 (Fed. Cir. Nov. 30, 2021) For the second time in two weeks, our Case of the Week focuses on the written description requirement, in particular where the patent…
MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION Before Lourie, O’Malley and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A presumption of obviousness based on overlapping ranges requires showing that the overlapping range is…
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 describe “possession” of…
CASES OF THE WEEK Indivior UK Ltd. v. Dr. Reddy’s Laboratories S.A. , Appeal Nos. 2020-2073, -2142 (Fed. Cir. Nov. 24, 2021) Our Case of the Week this week focuses on the written description requirement when the patent claims a range. The Court…
INDIVIOR UK LIMITED v. DR. REDDY'S LABORATORIES S.A. Before Lourie, Linn, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: Claims of a continuation application were anticipated because they were not entitled to the filing date of a…
ROHM SEMICONDUCTOR USA, LLC v. MAXPOWER SEMICONDUCTOR, INC. Before Lourie, O’Malley, and Chen. Appeal from the U.S. District Court for the Northern District of California. Summary: An arbitration agreement, which incorporated the California Code of…
CASES OF THE WEEK Apple Inc. v. Qualcomm Inc. , Appeal Nos. 2020-1683, -1763, -1764, 1827 (Fed. Cir. Nov. 10, 2021) Our Case of the Week reinforces a developing body of law concerning standing to appeal from an adverse PTAB decision in an IPR. This is the…
