Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged inter partes review · clear
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…
CASE OF THE WEEK The Regents of the University of California v. The Broad Institute, Inc. , Appeal Nos. 2022-1594, -1653 (Fed. Cir. May 12, 2025) Must an inventor know their invention will work to demonstrate that they “conceived” of it? In…
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 Qualcomm Inc. v. Apple Inc. , Appeal Nos. 2023-1208, -1209 (Fed. Cir. Apr. 23, 2025) For a second time in this case, the Federal Circuit considered the proper role of “Applicant Admitted Prior Art” in an inter partes review.…
CASE OF THE WEEK Recentive Analytics, Inc., v. Fox Corp. , Appeal No. 2023-2437 (Fed. Cir. Apr. 18, 2025) In our Case of the Week, the Federal Circuit addressed a question of first impression concerning whether developments in machine learning are subject…
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: 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…
Written by : Douglas B. Wentzel HD SILICON SOLUTIONS LLC v. MICROCHIP TECHNOLOGY INC. Before: Lourie , Stoll, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary : A patent’s specification established a naming convention that…
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…
