Category: Federal Circuit
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USPTO Director Squires clarifies human inventors can use AI like any other tool; but under Federal Circuit case law, AI can’t be named as inventor
New guidance from the USPTO gives companies a high degree of legal certainty with respect to the use of AI as a tool.
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The Federal Circuit wants a district court to provide clarity about the scope of a ruling by a judge who has meanwhile been appointed to the Federal Circuit
The circuit judges can’t just knock at the door of their colleague and ask him what he meant a few years ago. They need something formal from the district court.
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Federal Circuit tells petitioners that IPR denials are unreviewable regardless of reliance on agency guidance in place at time of filing
A precedential decision reinforces the unreviewability of the USPTO Director’s decisions to deny (or vacate a decision to institute) inter partes reviews.
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Federal Circuit partly grants Bayer second chance in defending rivaroxaban patent invalidation campaign
The Federal Circuit has partly affirmed and partly vacated a United States Patent and Trademark Office’s Patent Trial and Appeal Board decision that deemed one of Bayer’s rivaroxaban-related patents invalid, in a three-year case initiated by rivals Mylan Pharmaceuticals, Teva Pharmaceuticals, and Invagen Pharmaceuticals.
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Federal Circuit revives Sonos v. Google: laches allowed in rare cases only
The Federal Circuit has partly reversed a judgment by the Northern District of California, finding that it abused its discretion in finding that Google was prejudiced by Sonos’ alleged delay in claiming the subject matter at issue via continuation practice.
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Here’s how Apple is bringing back pulse oxymetry in the U.S. with a workaround that keeps clear of Masimo’s ITC import ban patents
Apple has made headway against Masimo with a clearance decision by U.S. Customs and Border Protection for a designaround.
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U.S. appeals court revokes Novartis short-term injunction in Entresto patent dispute against MSN
Decision allows MSN to launch its generic version of Entresto into the market, and opens the door for others to follow.
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U.S. appeals court grants Novartis short-term injunction in Entresto patent dispute with MSN: non-skilled-artisan testimony is key issue
The Federal Circuit has granted Novartis a few more days of Entresto exclusivity through a short-term injunction against MSN.
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Federal Circuit decision in Optis v. Apple SEP case shows why UK courts should leave other jurisdictions alone: misconception exposed
In the seemingly neverending SEP story between Optis and Apple, the Federal Circuit has ordered a U.S. retrial on the merits and what would be a third damages trial in the same case.
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Novartis and MSN settle part of chronic heart failure patent fight, but key patent remains
Novartis and MSN have settled one prong of their U.S. Entresto patent infringement dispute in the Federal Circuit, but the companies will continue to litigate over a second patent as Novartis strives to defend its corner of the chronic heart failure drug market.