Inter partes review, PGR and post-grant practice.
150 articles · page 5 of 13
CASE OF THE WEEK Eye Therapies, LLC v. Slayback Pharma, LLC , Appeal No. 2023-2173 (Fed. Cir. June 30, 2025) In its only precedential patent opinion last week, the Federal Circuit reviewed construction of the transitional claim phrase “consisting…
Written by : Nathan D. Reeves and Sarah Haj-Maharsi INGENICO INC. v. IOENGINE, LLC Before Dyk, Prost, and Hughes . Appeal from the United States District Court for the District of Delaware. Summary : IPR estoppel does not preclude reliance on public-use…
Written by : Nathan D. Reeves and Ningxi Sun INCYTE CORPORATION v. SUN PHARMACEUTICAL INDUSTRIES, INC. Before Moore , Hughes, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary : Speculative plans for potentially infringing activity are…
Written by : Justin J. Gillett and Bailey R. Arenberg AGILENT TECHNOLOGIES, INC. v. SYNTHEGO CORP. Before Prost , Linn, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Obviousness does not require all claimed limitations to be expressly…
CASE OF THE WEEK Optis Cellular Technology, LLC v. Apple Inc. , Appeal Nos. 2022-1904, -1925 (Fed. Cir. June 16, 2025) In this week’s Case of the Week, the Court of Appeals for the Federal Circuit vacated a jury decision awarding $300,000,000 in…
CASE OF THE WEEK Mitek Systems Inc. v. United Services Automobile Association , Appeal No. 2023-1687 (Fed. Cir. June 12, 2025) In our Case of the Week, the Federal Circuit examined the limits of declaratory judgment jurisdiction for a software supplier…
Alnylam Pharmaceuticals, Inc. v. Moderna, Inc ., Appeal No. 2023-2357 (Fed. Cir. June 4, 2025)‎ In this week’s Case of the Week, the Federal Circuit affirmed a final judgment that Moderna’s mRNA-‎based COVID-19 vaccine did not infringe…
EcoFactor, Inc. v. Google LLC , Appeal No. 2023-1101 (Fed. Cir. May 21, 2025)‎ In its first en banc decision of the year, the Federal Circuit reversed a district court’s admission of expert ‎testimony concerning damages, holding it did not…
CASE OF THE WEEK The Regents of the University of California v. The Broad Institute, Inc. , Appeal Nos. 2022-1594, -1653 (Fed. Cir. May 12, 2025) Must an inventor know their invention will work to demonstrate that they “conceived” of it? In…
CASES OF THE WEEK This week, we take a closer look at two precedential cases concerning pharmaceutical patent protections as applied to drugs in development. In Incyte Corp. v. Sun Pharm. , Judge Hughes entered a dissent pushing back on the Court’s…
CASE OF THE WEEK Fintiv, Inc. v. Paypal Holdings, Inc. , Appeal No. 2023-2312 (Fed. Cir. Apr. 30, 2025) In its only precedential patent opinion last week, the Federal Circuit affirmed a district court’s determination that the terms “payment…
CASE OF THE WEEK Qualcomm Inc. v. Apple Inc. , Appeal Nos. 2023-1208, -1209 (Fed. Cir. Apr. 23, 2025) For a second time in this case, the Federal Circuit considered the proper role of “Applicant Admitted Prior Art” in an inter partes review.…
