Appeals, precedential opinions and what they change downstream.
179 articles · page 1 of 15
Most prosecution strategy is set before anyone looks at who is actually examining the application. What is sitting there unused Every examiner has a history: allowance rate, average number of office actions, how often an interview changes the outcome. None…
Written by : Eric Furman, Ph.D. and Ashley C. Morales Key Takeaway: Federal Circuit invalidates patent claims directed to a method for treating non-small cell lung cancer through administration of “a unit dosage” of an irreversible epidermal…
Written by : Jason J. Jardine and Kenneth O. Aruda, Ph.D. Key Takeaway: The term “about” remains useful in biotech and pharmaceutical claims, but only if the patent provides objective guidance about what the term means. Absent that guidance,…
Written by : Brian C. Barnes and Sophia F. Zahn OLLNOVA TECHNOLOGIES LTD. v. ECOBEE TECHNOLOGIES ULC [OPINION] Before Chen , Cunningham, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Summary : A verdict form…
AGI SURETRACK LLC v. FARMERS EDGE INC. Before Moore, Mayer , and Lourie. Appeal from the District of Nebraska. Summary : Patents claiming data collection, processing, and transmission using generic computer components are patent-ineligible abstract ideas…
Insulet Corp. v. EOFlow, Co. Ltd. Before Dyk , Prost, and Reyna. Appeal from the United States District Court for the District of Massachusetts. Summary : A trade secret misappropriation claim accrues when the plaintiff knew or should have known facts…
Written by : Agnes Juang, Ph.D. and Ashley C. Morales Key Takeaway: Genetically engineered cultured host cells containing recombinant nucleic acids useful for gene therapy are patent-eligible for being markedly different from anything occurring in nature.…
Wriiten by : Brian C. Barnes and Nefi R. Oliva Fortress Iron, LP, v. Digger Specialties, INC. Before Lourie , Hughes, Circuit Judges , and Kleeh, Chief District Judge . Appeal from the United States District Court for the Northern District of Indiana.…
Written by : Ben K. Shiroma and Alistair J. McIntyre TEVA PHARMACEUTICALS INTERNATIONAL GMBH v. ELI LILLY AND COMPANY Before Prost , Cunningham, and Andrews. Appeal from the United States District Court of the District of Massachusetts. Summary : A…
Written by : Douglas B. Wentzel and Alex Martin del Campo DEFINITIVE HOLDINGS, LLC v. POWERTEQ LLC Before Moore, Dyk, and Cunningham. Appeal from the United States District Court for the District of Utah. Summary: A third-party sale of a product embodying…
Written by : Mark Kachner and Kimberly M. Papadantonakis, Ph.D. VLSI TECHNOLOGY LLC v. INTEL CORP. Before Moore , Chen, and Kleeh. Appeal from the United States District Court for the Northern District of California. Summary : The Federal Circuit reversed…
Written by : Ben K. Shiroma and Tyler S. Cox INTERNATIONAL MEDICAL DEVICES, INC. v. CORNELL Before Dyk , Reyna, and Taranto. Appeal from the United States District Court for the Central District of California Summary : The Federal Circuit held under CUTSA…
