Category: Federal Circuit
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Federal Circuit holds there is no uniform deadline for appeal of ITC ruling if some defendants were found to violate, others weren’t
Crocs thought it had more time because of the Presidential review period. The Federal Circuit disagreed.
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Federal Circuit gives guidance on “connected to” not necessarily requiring separate structures; generic irreparable harm; DOE; admissible willfulness evidence
A precedential Federal Circuit decision in a child car seat case provided several clarifications, some of which address issues likely to resurface in other U.S. patent cases.
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Teva removes more than 200 patents from U.S. FDA’s Orange Book: win for FTC
Following President Trump’s promise to lower the cost of drugs and a United States Federal Trade Commission investigation into a patent portfolio owned by Teva, the Israeli pharma company has asked the Food and Drug Administration to remove more than 200 improper patent listings related to asthma, diabetes, and COPD drugs, and epinephrine autoinjectors, from…
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Some direct patent infringement “acceptable price” for expediting competition: U.S. Solicitor General urges Supreme Court to review skinny labeling and generic drug access
United States Solicitor General D. John Sauer has filed a petition urging the Supreme Court to intervene in a long-running drug patent infringement case in which he alleges the Federal Circuit failed to apply the “skinny labelling” (section viii) pathway, which allows the entry of generics that carve out patented uses but otherwise duplicate the…
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Federal Circuit tosses Pfizer’s $42M+8% verdict against Daiichi, AstraZeneca: claiming 81 combinations out of gazillions described defeats disclosure, enablement
In a precedential opinion, the central U.S. appeals court for patent rulings overturns a Texas jury verdict given the discrepancy between a broad description and a specific claim term.
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Shortly after being ordered personally to reimburse Netflix, patent litigator loses Federal Circuit appeal over order to reimburse Google: precedential opinion
The Northern District of California is not only a difficult venue for non-practicing entities to prevail but also doesn’t hesitate to shift fees from Big Tech to lawyers.
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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.