Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
Written by : Brianne M. Kingery & Robert J. Hilton, Ph.D. In a recent precedential opinion, the Court of Appeals for the Federal Circuit vacated an infringement judgement against Mylan ( Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc. , No.…
Written by : Brandon G. Smith IP rights can be vital to the success of medical device companies . Significant legislative changes governing some of these rights may be on the horizon. Senators Coons (Delaware), Durbin (Illinois), Hirono (Hawaii), and…
Written by : Ashley C. Morales & Joseph Mallon, Ph.D. In Baxalta Incorporated v. Genentech, Inc. , 2022-1461, the Federal Circuit affirmed the district court’s decision granting Genentech’s motion for summary judgment that claims 1-4, 9, and 20…
Written by : Rhett D. Ramsey & Jacob R. Rosenbaum Elekta Limited v. Zap Surgical Systems, Inc. Before: Reyna , Stoll, and Stark. Appeal from the Patent Trial and Appeal Board. Summary : Patentee’s failure during prosecution to distinguish relevant…
Written by : Brianne M. Kingery & Daniel Kiang APPLE INC. v. COREPHOTONICS, LTD. Before Stoll , Linn, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: An IPR final written decision based on a party’s brief mention of an error in an…
Written by : Raymond S. Lu & Daniel Kiang NETFLIX, INC. v. DivX, LLC Before Hughes, Stoll , and Stark. Appeal from the Patent Trial and Appeal Board. Summary : Petitioner was not required to explicitly identify secondary reference’s “field of…
Written by : Nefi R. Oliva & Nathan D. Reeves IN RE CELLECT, LLC Before Lourie , Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Obviousness-type double patenting analyses for patents with Patent Term Adjustments are based on the…
Written by : Alistair J. McIntyre & Brandon G. Smith Volvo Penta of the Americas, LLC, v. Brunswick Corp. Before Moore , Lourie, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary : The Board must consider the combined weight of…
Written by : Kenneth McNeill & Daniel P. Hughes INCEPT LLC v. PALETTE LIFE SCIENCES, INC. Before Newman, Schall , and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : No teaching away when art does not disparage invention and free samples…
Written by : Kenneth O. Aruda, Ph.D. Software is increasingly used as a medical device, transforming the healthcare industry with the goal of improving patient outcomes. However, developing software as a medical device involves navigating complex and…
Written by : Philip M. Nelson Medical Device companies often need the U.S. Food and Drug Administration (FDA) to approve “indications for use” of their products–for use selling them in the U.S. Those same companies often seek U.S. patent…
Written by : Joshua C. Loader & Justin J. Gillett AXONICS, INC. v. MEDTRONIC, INC. Before Dyk , Lourie, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : Where a patent owner in an IPR proposes a claim construction for the first time in…
