News & Analysis as of

Patent Applications Patent Infringement

Robins Kaplan LLP

Azurity Pharms., Inc. v. Alkem Labs. Ltd.

Robins Kaplan LLP on

Nature of the Case and Issue(s) Presented: The ’948 patent claims non-sterile drinkable liquid formulations of vancomycin, an antibiotic used to treat Clostridium difficile infection. These formulations are particularly...more

Knobbe Martens

Cancellation of a Closely Related Claim During Prosecution Can Trigger Prosecution History Estoppel

Knobbe Martens on

COLIBRI HEART VALVE LLC v. MEDTRONIC COREVALVE, LLC - Before Taranto, Hughes, and Stoll. Appeal from the United States District Court for the Central District of California. The Federal Circuit reversed a $106 million...more

Knobbe Martens

Not So Cozy: Prosecution History Disclaimer for Design Patents

Knobbe Martens on

TOP BRAND LLC v. COZY COMFORT CO. LLC - Before Dyk, Reyna, and Stark. Appeal from the United States District Court for the District of Arizona. Summary: Arguments presented during prosecution of a design-patent application...more

Cooley LLP

Federal Circuit Strengthens Prosecution History Estoppel Principles in Colibri Heart Valve LLC v. Medtronic CoreValve, LLC

Cooley LLP on

On July 18, 2025, the US Court of Appeals for the Federal Circuit reversed a lower court ruling in Colibri Heart Valve LLC v. Medtronic CoreValve, LLC, holding that prosecution history estoppel barred the patentees’ doctrine...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Rise of Obviousness Double Patenting SNQs and Rejections in Reexaminations Challenging Expired Patents

Obvious-type double patenting (ODP) has historically served as a tool to prevent patent owners from extending exclusivity beyond the statutory allowed patent term and to tie patent families together during sale. Historically,...more

McDermott Will & Emery

Don’t get too comfy: Prosecution disclaimer also applies to design patents

McDermott Will & Emery on

Concluding that the principles of prosecution history disclaimer apply to design patents, the US Court of Appeals for the Federal Circuit reversed a district court’s denial of judgment as a matter of law and entry of a jury...more

Goodwin

Amgen and Accord BioPharma Settle Denosumab BPCIA Case

Goodwin on

​​​​​​​On July 16, 2025, the District Court for the District of New Jersey entered a Consent Judgment and Injunction in view of a settlement agreement between Amgen, Inc. (“Amgen”) and Accord BioPharma, Inc. (“Accord”)...more

McDonnell Boehnen Hulbert & Berghoff LLP

Colibri Heart Valve LLC v. Medtronic Corevalve, LLC (Fed. Cir. 2025)

The doctrine of equivalents (DOE), a creation of the Supreme Court in Graver Tank & Mfg. v. Linde Air Products (1950), is balanced by the concept of prosecution history estoppel (PHE), the contours of which were delineated...more

Sheppard Mullin Richter & Hampton LLP

Lexicography: Clear And Unequivocal

This Federal Circuit opinion analyzes lexicography in the context of claim construction. Alnylam Pharmaceuticals owns U.S. Patent Nos. 11,246,933 (parent) and 11,382,979 (child). These patents relate to biodegradable...more

Morgan Lewis

A New Line Drawn: Federal Circuit Applies Prosecution History Disclaimer to Design Patents

Morgan Lewis on

The US Court of Appeals for the Federal Circuit recently issued a decision that held for the first time that principles of prosecution history disclaimer apply to design patents, aligning design patent law more closely with...more

Proskauer - The Patent Playbook

PTO Creates New Expectations Regarding Discretionary Denials

On the heels of the U.S. Patent and Trademark Office Acting Director’s recent decision to deny institution of iRhythm Technologies’ inter partes review petition, the PTO has now issued additional decisions clarifying the role...more

Jackson Walker

Perceptix v. Meta Platforms – A Headphone Patent Lawsuit Without a Sound Basis

Jackson Walker on

On June 30, 2025, Perceptix filed suit against Meta Platforms for infringement of U.S. Patent 8,498,439, which describes a headphone that turns on when it is worn. The ‘439 Patent is assigned to the Electronics and...more

Venable LLP

Spotlight On: Biosimilar Litigations - July 2025

Venable LLP on

Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as...more

Venable LLP

Spotlight On: Lantus® / Lantus® SoloSTAR® (insulin glargine recombinant) / Basaglar® (insulin glargine) / Semglee® (insulin...

Venable LLP on

Insulin Glargine Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Troutman Pepper Locke

Patent Litigation Filings May Rise as GDP Falls for First Time in Three Years: Key Insights for Plaintiffs and Defendants

Troutman Pepper Locke on

While there’s no definitive consensus, economists are closely monitoring the possibility of entering a recession this year. Economists agree a recession is not imminent, but caution the odds of facing a recession are higher...more

Volpe Koenig

When an IDS Comes Back to Haunt You: Lessons from iRhythm v. Welch Allyn

Volpe Koenig on

Patent attorneys are well-versed in the function of the Information Disclosure Statement (IDS) during prosecution. We understand that listing prior art in an IDS satisfies the duty of candor, helps insulate patents from...more

Lathrop GPM

Claim Construction Matters: Federal Circuit Decision Highlights the Significance of Lexicography in Patent Drafting

Lathrop GPM on

A precedential ruling by the U.S. Court of Appeals for the Federal Circuit on June 4 affirmed that Moderna’s mRNA-based COVID-19 vaccine SPIKEVAX® does not infringe two patents owned by Alnylam Pharmaceuticals, upholding a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The Space Industry’s Legal Landscape: Developing Robust Intellectual Property Portfolios

As private industry and government entities increasingly venture into space, securing IP rights for space-related innovations has become a critical consideration. The global space industry is projected to generate more than...more

McDonnell Boehnen Hulbert & Berghoff LLP

What Do Changes to Palworld Mean for the PocketPair/Nintendo IP Dispute?

I have been following and writing about the ongoing legal battle between Nintendo / The Pokémon Company and PocketPair over PocketPair’s popular video game Palworld. This past week, PocketPair published a blog post addressing...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Key Patent Considerations for Antibody Drug Conjugates (ADCs)

In 1910, German scientist Paul Ehrlich introduced a groundbreaking concept to the world: chemical compounds could be engineered to interact with unique receptors on disease-causing cells while avoiding interaction with...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: In re: Riggs

In re: Riggs, Appeal No. 2022-1945 (Fed. Cir. Mar. 24, 2025) Our Case of the Week explores the power of an examiner to request a rehearing after the Board has entered a decision on an application. The case also relates to...more

Baker Botts L.L.P.

The Impact of Prosecution Length on Infringement Outcomes in Patent Litigation

Baker Botts L.L.P. on

This article continues our analysis of over 89,000 patents to determine how the number of office actions to allowance during prosecution impacts litigation outcomes. Last month we discussed how prosecution length impacts...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Apple Inc. v. Gesture Technology Partners

Apple Inc. v. Gesture Technology Partners, LLC, Appeal Nos. 2023-1475, -1533 (Fed. Cir. Mar. 4, 2025) Our Case of the Week is a high-stakes appeal from an inter partes review concerning a patent titled “Camera Based...more

Amundsen Davis LLC

Preserving Patent Rights: Impact of Public Use on Patenting

Amundsen Davis LLC on

For a business planning to market a product that incorporates an invention, having an enforceable patent to protect the invention is often desirable. Two recent federal circuit cases reiterate what many patent holders and...more

Baker Botts L.L.P.

Maximizing Patent Term in the United States: Patent Term Adjustment, Patent Term Extension, and the Evolving Law of...

Baker Botts L.L.P. on

Under U.S. law, most patents are limited to a term of 20 years from the earliest nonprovisional filing date. However, Patent Term Adjustment (PTA) and Patent Term Extension (PTE) can be used in certain circumstances to gain...more

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