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 TecSec, Inc. v. Adobe, Inc. , Appeal Nos. 2019-2192, -2258 (Fed. Cir. Oct. 23, 2020) In our Case of the Week, the Federal Circuit issued a wide-ranging opinion following three previous appeals in the same case and a jury trial on remand.…
CASE OF THE WEEK Immunex Corp. v. Sanofi-Aventis U.S. LLC , Appeal Nos. 2019-1749, -1777 (Fed. Cir. Oct. 13, 2020) In our Case of the Week, the Federal Circuit addressed the construction of the term “human antibodies.” In doing so, the Court…
ST. JUDE MEDICAL, LLC v. SNYDERS HEART VALVE LLC Before Newman, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The broadest reasonable interpretation of a claim must be considered in light of the specification. St.…
MMUNEX CORPORATION v. SANOFI-AVENTIS U.S. LLC Before Prost, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Expiration of a patent during appeal from IPR does not trigger claim construction under the Phillips standard when the…
WARSAW ORTHOPEDIC, INC., v. SASSO Before Newman, Schall, and Wallach. Appeal from the United States District Court for the Northern District of Indiana. Summary: A federal court properly exercises its discretion to abstain from deciding declaratory…
CASE OF THE WEEK AntennaSys, Inc. v. AQYR Techs., Inc. , Appeal No. 2019-2244 (Fed. Cir. Oct. 7, 2020) In the only precedential opinion issued by the Federal Circuit this week, the Court declined to reach the merits of a judgment of noninfringement because…
ANTENNASYS, INC. v. AQYR TECHNOLOGIES, INC. Before, O’Malley, Bryson, and Reyna. Appeal from the U.S. District Court for the District of New Hampshire Summary: The Federal Circuit held that claim construction issues in a contract dispute did not meet…
CASE OF THE WEEK GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. , Appeal No. 2018-1976, -2023 (Fed. Cir. Oct. 2, 2020) Our Case of the Week focuses on the question of induced infringement, and particularly induced infringement in the context of…
GLAXOSMITHKLINE LLC v. TEVA PHARMACEUTICALS USA, INC. [OPINION] – PRECEDENTIAL Before Prost, Newman, and Moore. Appeal from the U.S. District Court for the District of Delaware Summary: Evidence of inducement for a method of administering a drug is…
BIOGEN MA INC. v. EMD SERONO, INC. Before Newman, Linn, and Hughes. Appeal from the District Court of the District of New Jersey. Summary: A known method of administering a known product made by a new process is not novel. Biogen sued Serono and other…
CASE OF THE WEEK Apple Inc. v. Voip-Pal.com, Inc. , Appeal No. 2018-1456, -1457 (Fed. Cir. Sept. 25, 2020) In our Case of the Week, the Federal Circuit addressed two novel issues following inter partes review proceedings concerning two patents that were…
NETWORK-1 TECHNOLOGIES, INC. v. HEWLETT-PACKARD COMPANY, HEWLETT PACKARD ENTERPRISE COMPANY Before Prost, Newman, and Bryson. Appeal from the United States District Court for the Eastern District of Texas. Summary: A party joined to an IPR under 35 U.S.C.…
