Category: Federal Circuit
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Actelion falls foul of disclosure-dedication rule, prosecution estoppel in Federal Circuit challenge to Mylan’s hypertension generic
The Federal Circuit agreed that there was neither literal infringement, nor infringement under the doctrine of equivalents.
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Federal Circuit supports USITC fact-finding in import dispute over redesigned wet-dry vacuum cleaners
Tineco’s design-arounds have worked, but the Hong Kong company was unable to challenge the ITC’s domestic industry determination as to patentee Bissell.
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âAbout this muchâ, is how much? Federal Circuit affirms poultry-processing patent invalidity over âvague, indefiniteâ pH claims
The decision underlines the need for appropriate precision and detail in patent claims that are quantitative in nature.
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FedEx can fight another day in Qualcomm dispute, as Federal Circuit considers IPR real-parties-in-interest
The USPTO withdrew its initial defense of the PTAB’s refusal of FedEx’s arguments around real parties in interest.
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LG TV case: Federal Circuit OKs mix of standard-related and standard-unrelated infringement theories for same patent claims
“Mixed” patent claims will be at issue sooner or later outside of the U.S., too.
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Federal Circuit revives Teva’s $177M (potentially $530M) damages verdict against Eli Lilly over Emgality headache drug
A $177M jury verdict, potentially tripled for willfulness, has been reinstated, and the standards for written description and enablement for genus-related patents have been clarified.
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Federal Circuit throws VLSI a lifeline in multibillion-dollar Intel dispute, but itâll all hinge on what happens in the Western District of Texas
VLSI now has several chances to revive its infringement claims against Intel, which will likely seek to delay further progress as it awaits a decision on its license defense.
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Federal Circuit revisits standing under U.S. Constitutionâs Article III in post-grant appeals
The Federal Circuit dismissed ironSourceâs appeal of a PTAB post-grant review, ruling it lacked standing. The court said potential infringement exposure under substitute claims falls short of a concrete âinjury in factâ.
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PTAB abused discretion by staying reexamination that favored patentee, Proxense tells Federal Circuit
Licensing firm Proxense has appealed a PTAB decision to stay a reexamination that was on the verge of finding patentability and instead found such findings to be moot, allegedly breaching the APA.
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BREAKING: Federal Circuit affirms Masimo’s initial ITC win over Apple â but Masimo not too likely to benefit based on what happened yesterday
For Masimo, this is a useless win if the ITC, as is now rather likely after a preliminary ruling, clears Apple’s workaround.