Appeals, precedential opinions and what they change downstream.
179 articles · page 13 of 15
CASE OF THE WEEK Inguran, LLC v. ABS Global, Inc. , Appeal No. 2022-1385 (Fed. Cir. July 5, 2023) In its only precedential patent opinion this week, the Federal Circuit held that a lawsuit was not precluded by res judicata based on an earlier judgment. The…
Written by : Cesar A. Estrada & Jeremy Anapol INGURAN, LLC, DBA STGENETICS v. ABS GLOBAL, INC., GENUS PLC Before Lourie, Bryson, and Reyna . Appeal from the United States District Court for the Western District of Wisconsin. Summary: Claim preclusion does…
CASE OF THE WEEK Medytox, Inc. v. Galderma S.A. , Appeal No. 2022-1165 (Fed. Cir. June 27, 2023) In this week’s Case of the Week, the Federal Circuit upheld an application by the Patent Trial and Appeal Board of its Pilot Program concerning motions…
CASE OF THE WEEK In re: John L. Couvaras , Appeal No. 2022-1489 (Fed. Cir. June 14, 2023) In our Case of the Week, the Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeals Board decision that a patent application’s claims…
Written by : Jamie E. Youngblood & A lex Martin del Campo BLUE GENTIAN, LLC v. TRISTAR PRODUCTS, INC Before Prost , Chen, and Stark. Appeal from the United States District Court for the District of New Jersey. Summary: Alleged joint inventor contributed…
MEDTRONIC, INC. v. TELEFLEX INNOVATIONS Before Moore , Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary : A close prima facie case of obviousness can be overcome by strong evidence of objective indicia of non-obviousness. Medtronic…
CASE OF THE WEEK Medtronic, Inc. et al. v. Teleflex Innovations S.A.R.L. , Appeal Nos. 2021-2356, -2358, -2361, -2363, and -2365 (Fed. Cir. May 24, 2023) In this week’s Case of the Week, a split panel of the Federal Circuit considered issues…
Written by : Matthew Pham & Daniel P. Hughes OneSubsea IP UK Limited v. FMC Technologies, Inc. Before Clevenger , Moore, and Dyk. Appeal from the United States District Court for the Southern District of Texas. Summary: Ordering additional discovery before…
Written by : Matthew Friedrichs & Daniel P. Hughes MEDTRONIC, INC. v. TELEFLEX INNOVATIONS S.A.R.L. Before Moore, Lourie , and Dyk. Appeal from the Patent Trial and Appeal Board Summary: Federal Circuit confirms low bar for evidence corroborating prior…
CASE OF THE WEEK Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc. , Appeal No. 2021-1981 (Fed. Cir. May 9, 2023) In our Case of the Week, the Court of Appeals for the Federal Circuit considered the “analogous art” inquiry in an…
Written by : Nima Zargari, Ph.D. & Joseph Mallon, Ph.D. On April 26, 2023, the European Commission proposed a pharmaceutical law reform directed to replacing the existing pharmaceutical legislation. The reform aims to increase innovation and competition in…
SANOFI-AVENTIS DEUTSCHLAND GMBH V. MYLAN PHARMACEUTICALS INC. Before Reyna, Mayer, and Cunningham . Appeal from Patent Trial and Appeal Board. Summary : When arguing that a reference is analogous prior art, a petitioner must show that the reference is…
