Addressing obviousness in the context of method of treatment claims using particular drug dosages, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) final written decision holding...more
Addressing the issue of Article III standing and obviousness in an appeal of an inter partes review (IPR) decision, the US Court of Appeals for the Federal Circuit found that the petitioner had standing to appeal because past...more
The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment that found a patent was not obvious because the claimed pH range would not have been obvious-to-try despite overlapping ranges...more
The US Court of Appeals for the Federal Circuit addressed for the first time whether the retroactive application of inter partes review (IPR) proceedings to pre-America Invents Act (AIA) patents is an unconstitutional taking...more
9/4/2019
/ America Invents Act ,
Appeals ,
Constitutional Challenges ,
Fifth Amendment ,
Inter Partes Review (IPR) Proceeding ,
Just Compensation ,
Obviousness ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Question of Law ,
Retroactive Application ,
Takings Clause ,
USPTO
The US Court of Appeals for the Federal Circuit reversed a district court’s judgment that the challenged claims were invalid for obviousness. The Court also vacated judgments in separate actions that had been entered based on...more
Addressing issues of obviousness and anticipation in the context of an inter partes review, the US Court of Appeals for the Federal Circuit issued two decisions with respect to the same patent, vacating and remanding the...more
Speculative Evidence of Irreparable Harm Sinks Bayer's Request for Permanent Injunction -
Bayer Pharma AG, et al. v. Watson Laboratories, Inc. (D. Del. December 28, 2016) -
Applying the eBay factors to Plaintiff...more
3/22/2017
/ Abbreviated New Drug Application (ANDA) ,
Bayer ,
Class Action ,
Depositions ,
Divided Infringement ,
Food and Drug Administration (FDA) ,
Inducement ,
Method Claims ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pay-For-Delay ,
Permanent Injunctions ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prior Art
Addressing the issue of obviousness in the context of an inter partes review (IPR), the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the Patent Trial and Appeal Board (PTAB or Board) under a...more
Addressing claim construction issues, the U.S. Court of Appeals for the Federal Circuit affirmed in part, reversed in part and remanded a district court’s summary judgment rulings finding that the district court did not...more
Addressing the issue of obviousness, the U.S. Court of Appeals for the Federal Circuit held that the district court erred in granting summary judgment of invalidity because plaintiff patentee established a genuine issue of...more
Patents/Preliminary Injunction:
Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. -
Addressing a preliminary injunction filed by a defendant in a...more
10/1/2013
/ Claim Construction ,
Copyright ,
Expert Testimony ,
Fair Use ,
Governmental Immunity ,
Governmental Liability ,
Infringement ,
Inter Partes Reexamination ,
International Trade Commission (ITC) ,
Jurisdiction ,
Obviousness ,
Patent Term Adjustment ,
Patents ,
Preliminary Injunctions ,
Registration ,
SCOTUS ,
Sovereign Immunity ,
Theft ,
Trade Secrets ,
Trademarks ,
USPTO ,
Work-For-Hire
Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. -
In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more
5/31/2013
/ Arbitration ,
Bowman v Monsanto ,
Claim Construction ,
CLS Bank ,
CLS Bank v Alice Corp ,
Copyright ,
FRAND ,
Genetically Engineered Seed ,
Infringement ,
Monsanto ,
Obviousness ,
Patent Exhaustion ,
Patents ,
SCOTUS ,
Standard Essential Patents ,
Standing ,
Trademarks