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Patent Infringement Appeals Medical Devices

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

Proskauer - The Patent Playbook

Navigating Parallel Proceedings: Lessons Learned As Time Runs Out for AliveCor in its Apple Smartwatch Patent Dispute

On March 7, 2025, the Federal Circuit issued a decision resolving the ongoing patent litigation between AliveCor and Apple concerning methods of cardiac monitoring purportedly employed in certain of Apple’s Watches. The...more

McDermott Will & Emery

The Clear and Unmistakable Standard for Applying Prosecution Disclaimer

The US Court of Appeals for the Federal Circuit found that a district court misconstrued claim terms based on a misapplication of the clear and unequivocal disavowal standard and vacated its noninfringement decision. Maquet...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: The Federal Circuit Remands and Reassigns District Court Patent Infringement Case to a New Judge

In this edition of The Precedent, we outline the decision in Trudell Medical International Inc. v. D R Burton Healthcare LLC. The U.S. Court of Appeals for the Federal Circuit recently affirmed in part, reversed in part and...more

Smart & Biggar

2023 Highlights in Canadian Life Sciences IP and Regulatory Law

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Eli Lilly v Teva, Pharmascience, Riva, Apotex, Mylan (tadalafil, CIALIS) – Following a summary trial, Lilly’s infringement actions were dismissed: composition claims directed to “a physiologically acceptable salt” of...more

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

2022 Design Patents Year in Review: Analysis and Trends: Federal Circuit Appeals: More Design Patent Case Reversals

In 2022, the Court of Appeals for the Federal Circuit issued six opinions regarding U.S. design patents: three precedential opinions and three unprecedential opinions. Unlike 2021 (where the two precedential opinions on...more

Ladas & Parry LLP

Federal Circuit Upholds Preliminary Injunction in Trade Dress Case

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In SoClean Inc v Sunset Healthcare Solutions Inc (Case No 21-2311, 9 November 2022), the US Court of Appeals for the Federal Circuit issued a ruling enjoining defendant Sunset from marketing a particular configuration of...more

Knobbe Martens

Niazi’s Patent Survives on Appeal: Federal Circuit Reverses In Part Lower Court’s Decision

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On April 11, 2022, Niazi Licensing Corporation (“Niazi”) succeeded in part in its appeal at the Federal Circuit in Niazi Licensing Corporation v. St. Jude Medical S.C. Inc. Niazi’s lawsuit alleged that St. Jude Medical S.C....more

Knobbe Martens

“Pliable” Language Results in “Resilient” Patent Claims

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NIAZI LICENSING CORPORATION v. ST. JUDE MEDICAL S.C., INC. Before Taranto, Bryson, and Stoll. Appeal from the U.S. District Court for the District of Minnesota. Summary: Providing examples in the claim language and...more

Bradley Arant Boult Cummings LLP

The Sad Tale of an On-Sale Bar Created by a “Business Associate”

The Federal Circuit recently reversed a lower court’s summary judgment that a medical device design patent was not invalid under the on-sale bar. As a result, the patent owner (Junker) lost the $1.25M infringement damages...more

Smart & Biggar

Rx IP Update - January 2019

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IN THIS ISSUE: -Abbott/Takeda permitted to plead that a third party’s patent would be infringed by alleged non-infringing alternative - PMPRB News: **PMPRB issues a Notice of Hearing for allegations of excessive...more

Knobbe Martens

Barry v. Medtronic, Inc.

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Federal Circuit Summary - Before Chief Judge Prost, Moore, and Taranto. Appeal from the United States District Court for the Eastern District of Texas. Summary: An invention is not “ready for patenting” to trigger...more

Smart & Biggar

Rx IP Update - April 2018

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Standing Committee on Health proposes National Pharmacare program, modifications to prescription and generic drug pricing - While common among member countries of the Organisation for Economic Co-operation and Development...more

Smart & Biggar

Rx IP Update - February 2018

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Federal Court of Appeal dismisses Teva’s levofloxacin damages appeal - On February 8, 2018, the Federal Court of Appeal issued public reasons for its decision dismissing Teva’s appeal relating to the damages and costs...more

Knobbe Martens

Jury Awards $10.4 Million in Damages to Philips for ZOLL’s Infringement of Defibrillator Patents

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Patent Judgments and Awards - On August 3, 2017, a Boston jury awarded Philips $10.4 million in damages for ZOLL’s infringement of three patents relating to automated external defibrillators. This represents only a...more

McDermott Will & Emery

Look to Specification to Interpret Facially Unclear Claims

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Addressing claim construction issues, the US Court of Appeals for the Federal Circuit reiterated the necessity of reading claims in the context of the written description when they are not clear on their face. Howmedica...more

McDermott Will & Emery

Unenforceability Due to Client Failure to Correct Counsel’s Misrepresentations to PTO - The Ohio Willow Wood Company v. Alps...

In the ongoing saga between two manufacturers of liners for prosthetic limbs, the US Court of Appeals for the Federal Circuit confirmed a finding of inequitable conduct committed by the patent owner while the patent at issue...more

McDermott Will & Emery

The Apparently Never-Ending Story of Bard v. W.L. Gore - Bard Peripheral Vascular Inc. and C.R. Bard, Inc. v. W.L. Gore &...

In a case centered about patent that matured from an application filed 40 years ago, a case that has been pending for 12 years and that just completed its fourth engagement at the appellate level, the U.S. Court of Appeals...more

Knobbe Martens

Federal Circuit Issues an Opinion in 40 year Dispute over “Gore-Tex” Blood Vessel Graft Patent

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(January 13, 2015)  The United States Court of Appeals for the Federal Circuit affirmed a lower court’s finding that W.L. Gore & Associates, Inc. (“Gore”) willfully infringed U.S. Patent No. 6,436,135 (“the ’135 patent”) . ...more

Knobbe Martens

Federal Circuit Vacates $176 Million Damages Award to Covidien relating to Ethicon Harmonic Ultrasonic Cutters

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The United States Court of Appeals for the Federal Circuit vacated a $176 million district court damages award to Covidien, formerly known as Tyco Healthcare Group LP, in a patent infringement suit against Ethicon...more

Knobbe Martens

Appealing Medical Device Patent Cases

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Medical device patent infringement cases, like all patent infringement cases, must be appealed to the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. People often refer to this Court as the “Federal...more

McDermott Will & Emery

Opinion Underlying JMOL May Still Provide Basis for a New Trial, Even if JMOL Is Defective

Medisim Ltd. v. BestMed LLC - Addressing preservation of the right to submit post-trial motions, the U.S. Court of Appeals for the Federal Circuit vacated a lower court’s rulings on judgment as a matter of law (JMOL)...more

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