Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged schwabe williamson & wyatt · clear
CASE OF THE WEEK Optis Cellular Technology, LLC v. Apple Inc. , Appeal Nos. 2022-1904, -1925 (Fed. Cir. June 16, 2025) In this week’s Case of the Week, the Court of Appeals for the Federal Circuit vacated a jury decision awarding $300,000,000 in…
CASE OF THE WEEK Mitek Systems Inc. v. United Services Automobile Association , Appeal No. 2023-1687 (Fed. Cir. June 12, 2025) In our Case of the Week, the Federal Circuit examined the limits of declaratory judgment jurisdiction for a software supplier…
Alnylam Pharmaceuticals, Inc. v. Moderna, Inc ., Appeal No. 2023-2357 (Fed. Cir. June 4, 2025)‎ In this week’s Case of the Week, the Federal Circuit affirmed a final judgment that Moderna’s mRNA-‎based COVID-19 vaccine did not infringe…
EcoFactor, Inc. v. Google LLC , Appeal No. 2023-1101 (Fed. Cir. May 21, 2025)‎ In its first en banc decision of the year, the Federal Circuit reversed a district court’s admission of expert ‎testimony concerning damages, holding it did not…
CASES OF THE WEEK This week, we take a closer look at two precedential cases concerning pharmaceutical patent protections as applied to drugs in development. In Incyte Corp. v. Sun Pharm. , Judge Hughes entered a dissent pushing back on the Court’s…
CASE OF THE WEEK Fintiv, Inc. v. Paypal Holdings, Inc. , Appeal No. 2023-2312 (Fed. Cir. Apr. 30, 2025) In its only precedential patent opinion last week, the Federal Circuit affirmed a district court’s determination that the terms “payment…
CASE OF THE WEEK Azurity Pharmaceuticals, Inc. v. Alkem Laboratories Ltd. , Appeal No. 2023-1977 (Fed. Cir. Apr. 8, 2025) In our Case of the Week, the Federal Circuit affirmed that defendant Alkem’s proposed generic antibiotic did not infringe claims…
CASE OF THE WEEK In re Forest , Appeal No. 2023-1178 (Fed. Cir. Apr. 3, 2025) In an appeal from a Patent Office decision denying a patent that would have been expired upon issuance, the Federal Circuit dismissed. Applicant Forest had filed a string of…
CASE OF THE WEEK In re: Riggs , Appeal No. 2022-1945 (Fed. Cir. Mar. 24, 2025) Our Case of the Week explores the power of an examiner to request a rehearing after the Board has entered a decision on an application. The case also relates to determining when…
CASE OF THE WEEK In re: Xencor, Inc. , Appeal No. 2024-1870 (Fed. Cir. Mar. 13, 2025) Our case of the week is an appeal from a decision of the Appeals Review Panel of the Patent Trial and Appeal Board, concerning Xencor’s patent application titled…
CASE OF THE WEEK Kroy IP Holdings, LLC v. Groupon Inc. , Appeal No. 2023-1359 (Fed. Cir. Feb. 10, 2025)‎ After an inter partes review finds certain claims of a patent unpatentable, may the patentee assert other claims, immaterially different, in…
CASE OF THE WEEK Trudell Medical International Inc. v. D R Burton Healthcare, LLC , Appeal Nos. 2023-1777, -1779 (Fed. Cir. Feb. 7, 2025) This week’s Case of the Week presents a cautionary tale for litigators to be sure they’ve timely complied…
