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The origin of the idea that natural phenomena, like the law of gravity, cannot be patented, even by their discoverer, is well-settled law. In Gottschalk v. Benson, the Supreme Court stated, in dictum: “Phenomena of nature, though just discovered,…
On April 1, 2019, the Federal Circuit issued a non-precedential decision in Cleveland Clinic Foundation, Cleveland HeartLab, Inc. v. True Health Diagnostics LLC (“ Cleveland Clinic II ”), affirming the district court’s holding that claim…
CASE OF THE WEEK ThermoLife Int’l LLC v. GNC Corp. , Appeal Nos. 2018-1657, 2018-1666 (Fed. Cir. May 1, 2019) In an appeal from a district court decision, the Federal Circuit affirmed the district court’s grant of defendants Hi-Tech’s and…
Before Wallach , Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Regulatory guidelines addressing drug product impurities may serve as a market force in motivating a PHOSITA to modify prior art…
CASE OF THE WEEK Neptune Generics, LLC v. Eli Lilly & Co. , Appeal Nos. 2018-1257, et al. (Fed. Cir. Apr. 26, 2019) The Federal Circuit issued only one precedential patent decision this week. The short, 11-page decision flowed from a series of IPRs…
Before Moore , Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board Summary : Industry skepticism is a question of fact that weighs in favor of non-obviousness and can range on a scale, with the most weight afforded to skepticism that the…
CASE OF THE WEEK E.I. Du Pont De Nemours & Co. v. Unifrax I LLC , Appeal No. 2017-2575 (Fed. Cir. Apr. 17, 2019) Our featured case of the week revolved primarily around the construction of a single claim term in a patent. At issue is the meaning of the…
Before Newman , Linn, and Dyk. Appeal from the United States District Court for the District of Oregon. Summary : The Trademark Act’s definition of “use in commerce” as a requirement for obtaining a federal trademark does not limit the…
Before: O'Malley, Reyna , and Hughes. Appeal from the United States District Court for the District of Delaware. Summary : A parent patent specification of a continuation-in-part child patent constitutes intrinsic evidence for the purpose of claim…
Before Newman , O’Malley, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : Diligence requires “reasonably continuous diligence” and is not negated if the inventor works on improvements and evaluates alternatives while…
Before Prost , Lourie and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary : In evaluating whether a webpage printout is an acceptable specimen of use for a trademark in connection with goods, the USPTO may look for information on the…
Before Prost, Dyk , and Wallach. Appeal from the United States District Court for the Middle District of Florida. Summary : Asserting the district court’s claim construction prevented consideration of additional prior art, without identifying the…
