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Dec 30

Federal Circuit Summaries (3 of 10)

Ineffective Skinny Label Leaves Generic Liable Despite Effort to Carve Out the Patented Indication In Glaxosmithkline LLC v. Teva Pharmaceuticals Usa, Inc., Appeal No. 18-1976, the Federal Circuit held that substantial evidence supported the jury verdict of induced infringement when testimony indicated that a generic failed to carve out a... read more →
  • December 30, 2021
  • staff
  • Uncategorized
Dec 30

Federal Circuit Summaries (4 of 10)

The Obviousness of Preamble Limitations Can be a Real Headache for Patent Challengers In Eli Lilly And Company v. Teva Pharmaceuticals, Appeal No. 20-1876, the Federal Circuit held that in claims for methods of using apparatuses or compositions, statements of intended purpose in a preamble tend to be limiting. Lilly... read more →
  • December 30, 2021
  • staff
  • Uncategorized
Dec 30

Federal Circuit Summaries (5 of 10)

Authentication of Prior Art in an IPR Does Not Require Testimony In Valve Corporation v. Ironburg Inventions Ltd.,Appeal No. 20-1315, the Federal Circuit held that for purposes of authenticating a prior art reference in IPR proceedings, the Board had an obligation to compare the reference to nearly identical copies in the... read more →
  • December 30, 2021
  • staff
  • Uncategorized
Dec 30

Federal Circuit Summaries (6 of 10)

A Preamble That Saves May Be a Preamble That Limits In Data Engine Technologies LLC v. Google LLC, Appeal No. 21-1050, the Federal Circuit held that a patentee that relies on language in the preamble to successfully argue that its claims are directed to patent-eligible subject matter cannot later assert... read more →
  • December 30, 2021
  • staff
  • Uncategorized
Dec 30

Federal Circuit Summaries (7 of 10)

Federal Circuit Finds No Constitutional Defect in Appointment of TTAB Judges   In Piano Factory Group, Inc. v. Schiedmayer Celesta GmbH, Appeal No. 20-1196, the Federal Circuit held that the appointments of TTAB judges do not share the constitutional defect that the Supreme Court remedied for PTAB judges in Arthrex.... read more →
  • December 30, 2021
  • staff
  • Uncategorized
Dec 30

Federal Circuit Summaries (8 of 10)

The Location of Witnesses and Relevant Evidence Still Reigns Supreme in Venue Decisions In In Re: Juniper Networks, Inc., Appeal No. 21-160, the Federal Circuit held that a party’s general presence in a forum is an insufficient reason to deny transfer when the majority of witnesses and relevant evidence are... read more →
  • December 30, 2021
  • staff
  • Uncategorized
Dec 30

Federal Circuit Summaries (9 of 10)

Venue and Pleading Infringement in Hatch-Waxman Litigation Turn on Location and Identity of ANDA Filer In Celgene Corp. v. Mylan Pharm. et al., Appeal No. 21-1154, the Federal Circuit held that in Hatch-Waxman litigation: (1) infringement occurs where the ANDA is submitted and not where the patentee receives notice of... read more →
  • December 30, 2021
  • staff
  • Uncategorized
Dec 30

Federal Circuit Summaries (10 of 10)

Be Careful What You Agree To:  Incorporated Rules Clearly and Unmistakably Delegate Determining Arbitrability In Rohm Semiconductor USA, LLC v. Maxpower Semiconductor, Inc., Appeal No. 21-1709, the Federal Circuit held that an arbitration agreement, which incorporated the California Code of Civil Procedure by reference, delegated determining arbitrability and supported dismissal... read more →
  • December 30, 2021
  • staff
  • Uncategorized
Dec 30

District Court and PTAB Happenings

Contributors: Akin Gump Strauss Hauer & Feld LLP   Admission in Specification Dooms Organ Transplant Patents Under § 101 by Daniel L. Moffett, Matthew George Hartman, Shawn Bastani (Law Clerk) District Court, 35 U.S.C. § 101, District of Delaware October 4, 2021 The United States District Court for the District... read more →
  • December 30, 2021
  • staff
  • Patent, Patent Trial and Appeal Board
Dec 30

Internet Sightings

by Frederic M. Douglas and James E. Hawes This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues.   Patently-O – a patent law blog – Patentlyo.com ▪ Must Invention Conception be Immaculate? - On July 28, 2021, Prof. Dennis Crouch discussed... read more →
  • December 30, 2021
  • staff
  • Uncategorized
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