Appeals, precedential opinions and what they change downstream.
179 articles · page 12 of 15
Patent litigation is a complex legal process that often involves disputes over intellectual property rights, particularly the validity and infringement of patents. When parties are dissatisfied with the decisions made in the initial stages of patent…
The United States Court of Appeals for the Federal Circuit (CAFC) has been at the forefront of shaping patent law in the United States. Among the many facets of patent law that CAFC has influenced, one of the most dynamic and consequential is its stance on…
Written by : Ashley C. Morales & Joseph Mallon, Ph.D. In Baxalta Incorporated v. Genentech, Inc. , 2022-1461, the Federal Circuit affirmed the district court’s decision granting Genentech’s motion for summary judgment that claims 1-4, 9, and 20…
Written by : Rhett D. Ramsey & Jacob R. Rosenbaum Elekta Limited v. Zap Surgical Systems, Inc. Before: Reyna , Stoll, and Stark. Appeal from the Patent Trial and Appeal Board. Summary : Patentee’s failure during prosecution to distinguish relevant…
In the ever-evolving landscape of patent law, the Court of Appeals for the Federal Circuit (CAFC) has played a pivotal role in shaping the rules and precedents governing intellectual property. Over the years, several landmark cases heard by the CAFC have…
Written by : Raymond S. Lu & Daniel Kiang NETFLIX, INC. v. DivX, LLC Before Hughes, Stoll , and Stark. Appeal from the Patent Trial and Appeal Board. Summary : Petitioner was not required to explicitly identify secondary reference’s “field of…
Written by : Nefi R. Oliva & Nathan D. Reeves IN RE CELLECT, LLC Before Lourie , Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Obviousness-type double patenting analyses for patents with Patent Term Adjustments are based on the…
Written by : Alistair J. McIntyre & Brandon G. Smith Volvo Penta of the Americas, LLC, v. Brunswick Corp. Before Moore , Lourie, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary : The Board must consider the combined weight of…
Written by : Kenneth McNeill & Daniel P. Hughes INCEPT LLC v. PALETTE LIFE SCIENCES, INC. Before Newman, Schall , and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : No teaching away when art does not disparage invention and free samples…
CASE OF THE WEEK Incept LLC v. Palette Life Sciences, Inc. , Appeal Nos. 2021-2063, -2065 (Fed. Cir. Aug. 16, 2023) In the Federal Circuit’s only precedential opinion this week, the Court affirmed inter partes review findings that challenged claims…
Written by : Hyunjin (Harry) Park & Kendall Loebbaka Trinity Info Media, L.L.C. v. Covalent INC. Before STOLL, BRYSON, and CUNNINGHAM . Appeal from the United States District Court for the Central District of California. Summary : Patents directed to…
Written by : Logan P. Young & Kendall Loebbaka SNIPR Technologies Ltd v. Rockefeller University Before Chen , Wallach, and Hughes. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary : Patents whose priority is…
