CAFC Opinion No. 2023-2218, 2023-2220, 2023-2221, Decided Jan. 10, 2025 (Lourie, Prost, Reyna) Overview: Written description must be assessed based on knowledge in the art at the time of filing. Background Novartis owns the ’659 patent, which claims administering valsartan and sacubitril in combination, and covers Entresto (a valsartan-sacubitril complex), an FDA-approved drug used to […]
CAFC Nos. 2023-1501, 2023-1554, Decided Jan. 27, 2025 (Lourie, Dyk, Hughes) Overview: The PTAB has authority to review the grant of a patent, regardless of whether the patent has expired. Background Gesture owns the ’949 patent, which expired in May 2020. Apple filed a petition for IPR of the ’949 patent in June 2021. The […]
CAFC No. 2023-2346, Decided Jan. 14, 2025 (Lourie, Prost, Stark) Overview: For IPR, published patent applications are deemed prior art as of their filing date, rather than publication date. Background Lynk Labs owns the ’400 patent directed to lighting systems with various LED circuit configurations, with a priority date of February 25, 2004. Samsung filed […]
CAFC Opinion No. 2023-1502, Decided January 3, 2025 (Lourie, Taranto, Stark; Precedential) Overview: When worlds collide – statements made in a patent application can have unintended consequences on trademark protection. Facts/Background; CeramTec owns trademarks covering a pink color of ceramic hip components. Adding chromium oxide (chromia) to the ceramic material causes various color changes, including […]
CAFC Opinion No. 2022-2299, 2022-2300, Decided December 10, 2024 (Dyk, Hughes, Cunningham; Precedential) Overview: If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck – The duck test applied to offers for sale. Facts/Background: Crown Packaging sued Belvac for patent infringement in WD of […]
CAFC Opinion No. 2023-1176, 2023-1177, Decided December 9, 2024 (Chen, Mayer, Cunningham; Precedential) Overview: The “evolution” of the intended meaning of a claim term and unintended consequences of modifying provisional application content. Facts/Background DDR Holdings sued Priceline.com and Booking.com for patent infringement in District of Delaware. The patent at issue concerns a method of generating […]
Federal Circuit 2024-1664 December 04, 2024 (Moore, Linn, Prost) Summary: The Federal Circuit upheld the District of Delaware’s ruling that Lupin’s abbreviated new drug application (ANDA) for a delayed release generic did not infringe Galderma’s patent on the delayed release formulation under the doctrine of equivalents. This decision was made despite an FDA determination of […]
Federal Circuit 2023-2074, etc. December 4, 2024 (Prost, Taranto, Hughes) Summary: First, the Federal Circuit upheld the PTAB’s decision that 79 claims are unpatentable as obvious, determining that a lead compound analysis was not required where the claimed compounds were explicitly suggested. Second, the Federal Circuit reversed the PTAB’s determination that 4 process claims were […]
Case No. 22-1815, Precedential, (Fed. Cir. Oct. 24, 2024) Reyna, Taranto, Chen Facts/Background: Nextstep sued Comcast alleging patent infringement of the ’009 patent which is directed to a “concierge device” that offers a streamlined approach for initiating technical customer support. Specifically, a device that initiates technical support in response to only “a single action” of […]
Case No. 23-1435, Precedential, (Fed. Cir. Oct. 18, 2024) Prost, Taranto, Hughes Facts/Background: UTTO sued Metrotech for infringing its patents directed to a process for detecting and identifying “buried assets” District court construed the phrase “group” in the patent claim language to require “two or more,” adopting that construction as reflecting the “ordinary and customary […]