On June 6, 2025, the Acting Director of the United States Patent and Trademark Office (“USPTO”), Coke Morgan Stewart, issued a decision denying institution of five inter partes review (“IPR”) petitions filed by iRhythm, Inc....more
6/18/2025
/ Administrative Patent Judges ,
Denial of Institution ,
Filing Deadlines ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Litigation Strategies ,
New Guidance ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
USPTO
The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) recently issued a landmark decision in Lashify, Inc. v. International Trade Commission, expanding what expenditures count to prove the economic prong of...more
In a unanimous opinion in Amgen Inc. v. Sanofi, the Supreme Court held that two functional genus patent claims were not enabled under 35 U.S.C. § 112(a).1 In doing so, it affirmed both the Federal Circuit’s previous decision...more
On February 8, the Federal Circuit held that a forum selection clause in a nondisclosure agreement (“NDA”) forfeited the parties’ right to file petitions for inter partes review (“IPR”) to challenge the validity of patents at...more
On April 6, 2021, the Western District of Texas ordered that preliminary injunction relief was appropriate to prevent irreparable harm to the plaintiff due to the defendant’s “discovery abuse and related misconduct.”...more
4/9/2021
/ Bad Faith ,
Counterclaims ,
Discovery ,
e-Discovery ,
Electronically Stored Information ,
Fraudulent Concealment ,
Intentional Spoliation ,
Irreparable Harm ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Permanent Injunctions ,
Preliminary Injunctions ,
Sanctions ,
Spoliation ,
Third-Party
On February 11, 2021, the Federal Circuit issued an opinion that suggests that inventions in fields where outcomes are unpredictable, such as biotechnology and chemistry, are more likely to lack enablement if they contain...more
On February 10, 2021, the Federal Circuit held that the term “computer” was indefinite because the prosecution history included arguments distinguishing prior art references that relied on conflicting understandings of the...more
On May 5, 2020, the Federal Circuit ruled that claims directed to software executed on a server are obvious in view of prior art that taught performing the same method on a local device. Uber Technologies, Inc. v. X One,...more
In case your parlance needs updating, the term sologamy refers to a marriage to yourself. Apparently unaware of this trend, the Federal Circuit recently explained that “[a] statute saying that ‘a person may marry any person...more