Hologic, Inc. v. Minerva Surgical, Inc. (Fed. Cir. 2022)
By Kevin E. Noonan — Last year, the Supreme Court declined an invitation to abrogate the doctrine of assignor estoppel by an assignor sued for […]
By Kevin E. Noonan — Last year, the Supreme Court declined an invitation to abrogate the doctrine of assignor estoppel by an assignor sued for […]
By Kevin E. Noonan — A little more than three years ago, the Federal Circuit rejected the University of Minnesota’s contention that LSI was barred […]
By Michael Borella — Bad law often gives rise to creative legal arguments. But the application of such creative lawyering is necessarily bounded by ethical […]
By Michael Borella — Bad law often gives rise to creative legal arguments. But the application of such creative lawyering is necessarily bounded by ethical […]
By Kevin E. Noonan — The Federal Circuit today appealed determinations by the Patent Trial and Appeal Board (PTAB) in an inter partes review in […]
By Michael Borella — Self-similarity is a characteristic found in many physical, natural, and human-made systems. In short, it describes a class of structures or […]
Plus ça change, plus c’est la même chose By Kevin E. Noonan — Judge Moore, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC stated […]
By Michael Borella — Can a prior art reference with an error be considered to be a disclosure of the erroneous teaching? A Federal Circuit […]
By Kevin E. Noonan — Almost four years ago, in a relatively rare occurrence based on there being an insufficient factual record to permit proper […]
By Kevin E. Noonan — The Federal Circuit today affirmed a decision by the District Court denying defendant Thales DIS AIS Deutschland USA’s motion for […]
By Kevin E. Noonan — The Federal Circuit today affirmed a decision by the District Court denying defendant Thales DIS AIS Deutschland USA’s motion for […]
By Kevin E. Noonan — The Federal Circuit today affirmed a decision by the District Court denying defendant Thales DIS AIS Deutschland USA’s motion for […]
By Kevin E. Noonan — In reviewing (and reversing) the District Court’s claim construction in University of Massachusetts v. L’Oreal S.A., the Federal Circuit availed […]
By Kevin E. Noonan — In reviewing (and reversing) the District Court’s claim construction in University of Massachusetts v. L’Oreal S.A., the Federal Circuit availed […]
By Kevin E. Noonan — In reviewing (and reversing) the District Court’s claim construction in University of Massachusetts v. L’Oreal S.A., the Federal Circuit availed […]
By Kevin E. Noonan — In reviewing (and reversing) the District Court’s claim construction in University of Massachusetts v. L’Oreal S.A., the Federal Circuit availed […]
By Kevin E. Noonan — The Federal Circuit recently granted a panel rehearing and vacated a panel decision between these parties decided earlier this year […]
By Kevin E. Noonan — Last month in Cornell Research Foundation, Inc. v. Vidal, the Federal Circuit affirmed the Patent Trial and Appeal Board’s determinations […]
By Kevin E. Noonan — The consequences of joint development agreements, particularly under circumstances where later development is pursued independently by the parties, can create, […]
By Kevin E. Noonan — Personal jurisdiction is one of those basic concepts in civil procedure that evokes strong memories in most lawyers, of their […]
By Donald Zuhn –- Earlier today, the Federal Circuit reversed the Final Written Decision, and reconsideration of that decision, by the U.S. Patent and Trademark […]
By Kevin E. Noonan — U.S. patent law grants patent owners the right to grant licenses to their patents in analogy to landlords granting rents […]
By Kevin E. Noonan — One of the casualties of the Leahy-Smith America Invents Act in 2012 was 35 U.S.C. § 145, which had provided […]
By Kevin E. Noonan — The Federal Circuit addressed questions of motivation to combine and reasonable expectation of success in finding obviousness as well as […]
By Michael Borella — There is a theme running through many patent-eligibility disputes that is analogous to baiting-and-switching. One party has claims that recite an […]
By Kevin E. Noonan — In a crowded pharmaceutical art, the deficiencies thereof being so patent that the FDA encouraged industry to address and correct […]
Federal Circuit Denies En Banc Review in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA By Kevin E. Noonan — The 2020 decision by a divided Federal […]
By Michael Borella — Mentone sued Digi for alleged infringement of Mentone’s U.S. Patent No. 6,952,413. The U.S. District Court for the District of Delaware […]
By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 15th annual list of top patent stories. […]
By Kevin E. Noonan — When does the absence of evidence turn into evidence of absence, and when does such absence amount to an adequate […]
By Kevin E. Noonan — While the Federal Circuit has patent law as its principal focus, as a U.S. Circuit Court of Appeals, questions come […]
By Donald Zuhn –- Earlier today, the Federal Circuit affirmed the final determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board […]
By Kevin E. Noonan — There are some cases where the Federal Circuit makes its decision based on the eternal verities of patent law (insofar […]
By Kevin E. Noonan — The issue of standing can be outcome-determinative: without it, no matter how worthy a party’s position or arguments, a court […]
By Kevin E. Noonan — As is well-known, Congress established the Federal Circuit as a circuit court of appeals to harmonize U.S. patent law in […]
By Kevin E. Noonan — The Leahy-Smith America Invents Act prescribed two very different post-grant review proceedings in U.S. patent law. The first, post-grant review […]
By Kevin E. Noonan — The Federal Circuit continued its stringent (if misguided) application of the scope of subject matter eligibility by invalidating claims asserted […]
By Kevin E. Noonan — The inter partes review (IPR) provisions of the Leahy-Smith America Invents Act have been castigated by many for the propensity […]
By Kevin E. Noonan — The question of the proper court for a branded pharmaceutical maker to bring suit against an Abbreviated New Drug Application […]
By Kevin E. Noonan — The question of the proper court for a branded pharmaceutical maker to bring suit against an Abbreviated New Drug Application […]
By Kevin E. Noonan — The Supreme Court’s decision in United States v. Arthrex, Inc., 141 S. Ct. 1970 (2021), at the end of its […]
By Kevin E. Noonan — The International Trade Commission can more readily provide injunctive relief against an adjudged infringer than a district court, under appropriate […]
By Michael Borella — CosmoKey asserted U.S. Patent No. 9,246,903 against Duo in the U.S. District Court for the District of Delaware, alleging infringement. The […]
By Kevin E. Noonan — Imposition of liability under the equitable doctrine of inequitable conduct (as it has been variously defined) can result in a […]
By Kevin E. Noonan — In a nonprecedential decision, the Federal Circuit gave a mixture of success and failure to the parties in four separate […]
By Michael Borella — In academic settings, objective indicia of non-obviousness are sometimes presented as a common way of rebutting contentions that a claimed invention […]
By Kevin E. Noonan — Dominating the entering gallery of the Impressionists exhibit at the Art Institute of Chicago is Georges Seurat’s A Sunday on […]
By Michael Borella — Two years ago, MyMail and ooVoo went to the mat in the Federal Circuit over claims that the District Court for […]
By Kevin E. Noonan — The Federal Circuit issued three decisions on Monday relating to Eli Lilly & Co’s. challenge in separate inter partes review […]
By Kevin E. Noonan — Most judicial outcomes, particularly on appeal, are broadly based on varying combinations of process and outcome. The law is replete […]
By Kevin E. Noonan — The Federal Circuit, and the Court of Customs and Patent Appeals before it, generally reviewed decisions by the Patent and […]
By Michael Borella — Sensormatic asserted U.S. Patents 7,730,534, 7,936,370, 7,954,129, 8,208,019, and 8,610,772 against Wyze in the District of Delaware, alleging infringement. Wyze moved […]
By Michael Borella — When the Supreme Court began poking around into the law of patent eligibility just over a decade ago, the invention topics […]
By Kevin E. Noonan — In Becton, Dickinson & Co. v. Baxter Corp. Englewood, the Federal Circuit overturned a decision by the Patent Trial and […]
By Kevin E. Noonan — Last week, the Federal Circuit affirmed imposition of an exclusion order under 19 U.S.C. § 1337 (Section 337 of the […]
By Kevin E. Noonan — In one of the more daring (and somewhat risky) strategies by an appellant challenging an adverse decision in a covered-business […]
By Kevin E. Noonan — The Federal Circuit continues its recent run of decisions extending the reach of the enablement requirement of 35 U.S.C. 112(a) […]
By Kevin E. Noonan — Last month, the Federal Circuit affirmed an exclusion order imposed by the International Trade Commission against Bio-Rad for importing infringing […]
By Michael Borella — The legal concept of obviousness is tricky. A claimed invention is found obvious if the prior art teaches or suggests all […]
By Kevin E. Noonan — Exactly two weeks after affirming a decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) […]
By Kevin E. Noonan — Ever since institution of the post-grant review proceedings enacted under the Leahy-Smith America Invents Act were implemented by the U.S. […]
By Kevin E. Noonan — The Federal Circuit affirmed a decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) rejecting […]
By Kevin E. Noonan — The Federal Circuit affirmed a decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) rejecting […]
By Kevin E. Noonan — Last week, the Federal Circuit affirmed a jury verdict against Baxalta Inc., Baxalta US Inc., and Nektar Therapeutics for infringing […]
By Michael Borella — Infinity Computer Products (“Infinity”) sued Oki Data in the District of Delaware for infringement of four patents. The District Court found […]
By Kevin E. Noonan — A little less than four years ago, the Federal Circuit rendered a decision in Amgen Inc. v. Sanofi that brought […]
By Kevin E. Noonan — In a terse, non-precedential opinion, the Federal Circuit affirmed a district court’s judgment that Defendants Torrent Pharmaceuticals and Indoco Remedies […]
By Kevin E. Noonan — While much has been written about the effect of the post-grant review provisions of the Leahy-Smith America Invents Act (2012) […]
By Donald Zuhn –- Last month, the Federal Circuit affirmed the final determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board […]
By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 14th annual list of top patent stories. […]
By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 14th annual list of top patent stories. […]
By Kevin E. Noonan — Indefiniteness under U.S. patent law is a failure to satisfy the statutory requirements of 35 U.S.C. § 112(b), which reads: […]
By Michael Borella — This decision is bad. Not an American Axle level of bad, but still quite far from good. Simio sued FlexSim in […]
By Kevin E. Noonan — After more than two decades of being the red-headed stepchild of patent infringement before the Federal Circuit, infringement under the […]
By Kevin E. Noonan — Any patent litigant unwilling to acquiesce to an adverse judgment from the Patent Trial and Appeal Board (PTAB) can appeal […]
By Michael Borella — Adaptive Streaming, the owner of U.S. Patent No. 7,047,305, sued Netflix in the Central District of California for alleged infringement. Netflix […]
By Kevin E. Noonan — Stipulating to infringement after a contrary claim construction is a conventional stratagem for a losing party to have a final […]
By Kevin E. Noonan — Trial courts tend to get more than the benefit of the doubt when their decisions are viewed under the “abuse […]
By Michael Borella — One would think that inventions relating to computer game software would easily meet the requirements for patent eligibility, as these inventions […]
By Kevin E. Noonan — Interferences were rendered unnecessary with the passage of the Leahy-Smith America Invents Act in 2011, but they linger in disputes […]
By Kevin E. Noonan — It has long been understood that claim construction can, and frequently is, dispositive in patent litigation. This truism was the […]
By Kevin E. Noonan — The Federal Circuit has taken the occasion, in appeals from the Patent Trial and Appeal Board as well as district […]
By Kevin E. Noonan — Venue in patent cases has been a topic of recent Supreme Court (TC Heartland LLC v. Kraft Foods Group Brands […]
By Michael Borella — One of the more intellectually dishonest aspects of current patent eligibility law is that it allows one to ignore certain claim […]
By Kevin E. Noonan — Somewhat remarkably, there is no settled Federal Circuit precedent regarding where a patentee can bring suit against a generic competitor […]
By Michael Borella — One of the more frustrating aspects of current patent-eligibility law is that it lends itself all too easily to mischief. In […]
Federal Circuit Refuses to Issue Stay in Mandate Pending Certiorari Decision By Kevin E. Noonan — One of the most interesting (albeit troubling) decisions by […]
By Kevin E. Noonan — At least some of the judges on the Federal Circuit have been reported to have voiced some frustration regarding the […]
What Quantum of Culpable Conduct Is Required for an ANDA Applicant to Induce Infringement? By Kevin E. Noonan — The back-and-forth, (almost) cat-and-mouse-like competition between […]
By Kevin E. Noonan — Novelty is perhaps the principal, most fundamental requirement for patentability, and depriving the public of anything in the prior art […]
By Donald Zuhn — Last month, the Federal Circuit affirmed an Order by the U.S. District Court for the Northern District of California, finding that […]
By Kevin E. Noonan — The Federal Circuit’s inchoate attempts to fashion a consistent, rational application of the Supreme Court’s recent subject matter eligibility jurisprudence, […]
By Kevin E. Noonan — ANDA litigation, pursuant to the Hatch-Waxman Act, has become more complicated over the years since enactment of the statute in […]
Common Sense Prevails By Joseph Herndon — B/E Aerospace, Inc. appealed a final written decision of the Patent Trial and Appeal Board (PTAB) that found […]
By Kevin E. Noonan — The Federal Circuit has spent the past few years applying the Supreme Court’s most recent precedent, Nautilus, Inc. v. Biosig […]
Federal Circuit (Again) Hands Down Revised Opinion in Response to Petition for Rehearing By Kevin E. Noonan — Recently the Federal Circuit has begun a […]
Federal Circuit Hands Down Modified Opinion in Illumina, Inc. v. Ariosa Diagnostics, Inc. By Kevin E. Noonan — Earlier this year, the Federal Circuit (somewhat […]
By Kevin E. Noonan — Last week, the Federal Circuit took the opportunity presented in an appeal from judgment on the pleadings in XY, LLC […]
By Kevin E. Noonan — In a conundrum worthy of a law school civil procedure examination, plaintiff Gensetix found itself apparently with no remedy for […]
By James L. Lovsin — Last week, in Uniloc 2017 LLC v. Hulu, LLC, the Federal Circuit ruled that the Patent Trial and Appeal Board […]
By Michael Borella — Introduction Packet Intelligence sued NetScout in the Eastern District of Texas, alleging infringement of U.S. Patent Nos. 6,665,725, 6,839,751, and 6,954,789. […]
By Michael Borella — Electronic Communication Technologies (ECT) sued ShoppersChoice in the Southern District of Florida for allegedly infringing claim 11 of U.S. Patent No. […]
Federal Circuit Extends Arthrex to Patent Prosecution By James Lovsin and Alexa Giralamo* — This week, the Federal Circuit extended its holding in Arthrex, Inc. […]
By Donald Zuhn –- Earlier today, the Federal Circuit affirmed the rejection by the Patent Trial and Appeal Board of claims 1-3 of U.S. Patent […]
Copyright © 2024 | WordPress Theme by MH Themes