Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
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: Sublicensee’s theory of royalty-based injury was too speculative to support standing on appeal. Later…
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…
GALPERTI, INC. v. GALPERTI S.R.L. Before: Moore, Prost, Taranto. Appeal from the Trademark Trial and Appeal Board. Summary: Evidence of use of a term even without a showing of secondary meaning, by any third party, is relevant to demonstrate that an…
APPLE, INC. v. QUALCOMM, INC. Before Newman, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Apple lacked standing to appeal an IPR decision upholding patents that Apple licenses from Qualcomm, in light of a prior decision with…
CASES OF THE WEEK University of Strathclyde v. Clear-Vu Lighting LLC , Appeal No. 2021-2243 (Fed. Cir. Nov. 4, 2021) In this week’s Case of the Week, the Federal Circuit reversed an inter partes review decision finding claims directed to light-based…
