Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
CASE OF THE WEEK Yita LLC v. MacNeil IP LLC , Appeal Nos. 2022-1373, -1374 (Fed. Cir. June 6, 2023) In appeals from two inter partes reviews before the Patent Trial and Appeal Board (the Board) on related patents, the Federal Circuit affirmed the…
Written by : Nima Zargari, Ph.D. & Nathan D. Reeves YITA LLC V. MACNEIL IP LLC Before Taranto , Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : Evidence of commercial success that relates entirely to an individual claim element…
MEDTRONIC, INC. v. TELEFLEX INNOVATIONS Before Moore , Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary : A close prima facie case of obviousness can be overcome by strong evidence of objective indicia of non-obviousness. Medtronic…
CASE OF THE WEEK Medtronic, Inc. et al. v. Teleflex Innovations S.A.R.L. , Appeal Nos. 2021-2356, -2358, -2361, -2363, and -2365 (Fed. Cir. May 24, 2023) In this week’s Case of the Week, a split panel of the Federal Circuit considered issues…
Written by : Matthew Pham & Daniel P. Hughes OneSubsea IP UK Limited v. FMC Technologies, Inc. Before Clevenger , Moore, and Dyk. Appeal from the United States District Court for the Southern District of Texas. Summary: Ordering additional discovery before…
Written by : Matthew Friedrichs & Daniel P. Hughes MEDTRONIC, INC. v. TELEFLEX INNOVATIONS S.A.R.L. Before Moore, Lourie , and Dyk. Appeal from the Patent Trial and Appeal Board Summary: Federal Circuit confirms low bar for evidence corroborating prior…
Written by : Nima Zargari, Ph.D. & Joseph Mallon, Ph.D. On April 26, 2023, the European Commission proposed a pharmaceutical law reform directed to replacing the existing pharmaceutical legislation. The reform aims to increase innovation and competition in…
SANOFI-AVENTIS DEUTSCHLAND GMBH V. MYLAN PHARMACEUTICALS INC. Before Reyna, Mayer, and Cunningham . Appeal from Patent Trial and Appeal Board. Summary : When arguing that a reference is analogous prior art, a petitioner must show that the reference is…
Written by : Ashley C. Morales & Hans L. Mayer BOT M8 LLC v. SONY INTERACTIVE ENTERTAINMENT LLC Before Prost , Reyna, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary : A party challenging the Board’s decision by alleging claim…
Written by : Jeremy Anapol UNITED CANNABIS CORPORATION V. PURE HEMP COLLECTIVE INC. Before Lourie, Cunningham, and Stark . Appeal from the United States District Court for the District of Colorado. Summary : The Federal Circuit affirmed the district…
Written by : Kemarie Jorgensen & Karen Cassidy Selvaggio HIP, INC v. HORMEL FOODS CORPORATION Before Lourie , Clevenger, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: To prove a claim of joint…
Written by : Matthew S. Whitehead & Douglas B. Wentzel UCB, INC. v. ACTAVIS LABORATORIES UT, INC. Before Moore, Chen, and Stoll . Appeal from the U.S. District Court for the District of Delaware. Summary : District court legally erred by applying incorrect…
