Fed. Cir. 2022-1630 Mar. 27, 2024 (Prost, Taranto, Hughes; Precedential) Summary: The Federal Circuit affirmed the District Court for the Northern District of Illinois and found that (1) patent owners may be able to recover damages for foreign sales if a domestic act of infringement under § 271(a) is the proximate cause of the foreign […]
Fed. Cir. 2022-1877 March 25, 2024 (Lourie, Stoll, Cunningham; Precedential) Summary: The Federal Circuit affirmed the District Court for the Northern District of California and found that the FDA safe harbor under § 271(e)(1) applied to Meril’s importation of two Myval prosthetic heart valve systems. Background In 2019, Meril imported two Myval prosthetic heart valve […]
Summary: The Federal Circuit overturns the PTAB to find written description for a percentage range for the length of a heating element in the context of an electro-mechanical smoking device. Background Appellant-Patent Owner (Rai Strategic) appeals a PRG filed by Appellee-Petitioner (Philip Morris), which found that the challenged U.S. Patent No. 10,492,542 (“the ’542 patent”) […]
PTAB IPR2021-1446 March 10, 2023; Designated Precedential November 15, 2023 (Melvin, Cotta, Wisz; PTAB Precedential) Summary: Precedential PTAB opinion details the test for a patent or published application to obtain the effective filing date of a claimed provisional under AIA Section 102(d). Background Petitioner (Penumbra) filed an IPR challenging U.S. Patent No. 10,531,883 (“the ’883 […]
Federal Circuit 2022-1751, 2022-1813 February 8, 2024 (Reyna, Hughes, Stark; Precedential) Summary: The Federal Circuit overturns the PTAB to find that despite limited distribution and copyright restrictions, Petitioner’s operating manuals are publicly accessible printed publications. Background Appellate-Petitioner (Weber) filed IPR petitions on two patents (U.S. Patent Nos. 10,639,812 & 10,625,439) related to high-speed mechanical slicers […]
CAFC Opinion No. 2022-1482, Decided November 21, 2023 (Dyk, Hughes, Stoll) (Precedential) Overview: Matter of first impression: PTAB can issue final written decisions after the statutory deadline. Facts/Procedural Posture: Board institutes PGR of asserted Purdue patent. Roughly six months later, Purdue files for bankruptcy and imposition of an automatic stay. PTAB stays the PGR proceeding. […]
CAFC Opinion No. 2022-1194, Decided December 7, 2023 (Dyk, Prost, Hughes) (Precedential) Overview: No infringement of narrow method-of-use pharma patent where generic drug is labeled for a broad/general use claimed in an expired patent. Facts/Procedural Posture: Lundbeck initially obtains patents on using drug to treat depression (the broader patents) Then, after finding that the drug […]
CAFC Opinion No. 2022-1906, Decided December 4, 2023 (Lourie, Dyk, Taranto) (Precedential) Overview: $2.2 billion jury verdict overturned: jury’s infringement finding reversed for one of the two asserted patents, jury’s damage award vacated and remanded for the other asserted patent. Facts/Procedural Posture: VLSI (an NPE) sues Intel in W.D. Texas for infringing two patents: the […]
CAFC Opinion No. 2022-1532-1533, Decided August 7, 2023 (Lourie, Dyk, Taranto) (Precedential) Overview: Petitioner in IPR must be given an opportunity to respond to new construction raised in the Patent Owner Response (POR). Facts/Procedural Posture: Medtronic, Inc. owns the ’758 and ’148 patents which are directed to the transcutaneous charging of implanted medical devices. Axonics […]
CAFC Opinion No. 2022-1765, Decided August 24, 2023 (Moore, Lourie, Cunningham) (Precedential) Overview: Objective indicia of non-obviousness is important part of obviousness determination, and nexus requirement should not be overly restrictively. Facts/Procedural Posture: Volvo Penta marketed a successful line of boat engine drives where the propellers are forward facing and thus tucked under the boat. […]