Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
Federal Circuit Summary Before Prost , Reyna, and Taranto. Appeal from the U.S. District Court for the District of Maryland. Summary: An abstract idea cannot be used to supply an inventive concept that renders a claim “significantly more” than…
Before Judges Reyna , Taranto, and Chen. Appeal from the U.S. District Court for the District of New Jersey. Summary : There may be no reasonable expectation of success in producing a specific polymorph of a compound when that compound is not known to be…
Before Wallach, Clevenger, and Stoll . Appeal from the United States District Court for the District of Delaware. Summary : Claims directed to a specific method of treatment for specific patients using a specific compound at specific doses to achieve a…
Federal Circuit Summary Before Prost, Reyna, Taranto . Appeal from the Patent Trial and Appeal Board. Summary : Where the preamble of a claim merely identifies an intended use and does not impose a structural requirement, and only the body of the claim…
Federal Circuit Summary Before Lourie, O’Malley, and Stoll . Appeal from District of Delaware. Summary : Under step one of Alice , a claim is not directed to an abstract idea when it recites a specific technique to solve a technological problem…
In Natural Alternatives Int’l., Inc. v. Creative Compounds, LLC, Appeal No. 2018-1295 (Fed. Cir., March 15, 2019) a divided panel of the Fed. Cir. held that claims to methods of increasing the anaerobic working capacity in a human subject by…
Federal Circuit Summary Before Moore , Reyna, and Wallach. Appeal from the Southern District of California. Summary : District court improperly held that claims were directed to a natural law where the claims recited a method of treatment requiring a…
Federal Circuit Summary Before Prost, Dyk, and Moore . Appeal from District of Delaware. Summary : A district court’s construction of a claim term that is contrary to the plain language of the claims and usage of the term in the specification was…
On February 6, 2019, the Federal Circuit decided Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC , affirming a District Court for the District of Massachusetts decision that the claims at issue were patent ineligible for being directed to a…
Federal Circuit Summary Before Moore, Taranto, and Chen . Appeal from the Patent Trial and Appeal Board. Summary : The mere fact that a certain thing may result from a given set of circumstances is not sufficient to demonstrate inherency. Instead, the…
Federal Circuit Summary Before Prost, Moore , and Wallach. Appeal from the Northern District of Florida. Summary : When a state entity sues for patent infringement, it waives sovereign immunity as to all defenses, including subject matter eligibility under…
Does 315(b) Codify Party Notice or Patent Notice? Last summer, the Federal Circuit reversed the Patent Trial & Appeal Board’s (PTAB) practice of accepting IPR petitions as timely filed under 35 U.S.C. § 315(b) where a complaint for infringement…
