Ferring B.V. v. Allergan, Inc. (Fed. Cir. 2020)

By Kevin E. Noonan — The Federal Circuit has taken the occasion, in appeals from the Patent Trial and Appeal Board as well as district courts, to remand judgments whenever the Court believes that the record below is devoid of sufficient detail to properly assess the correctness of the decisions made below (see “Merck Sharp & Dohme Corp. v. Wyeth LLC (Fed. Cir. 2019)” and “NeuroGrafix v. Brainlab, Inc. (Fed. Cir. 2019)”). Recently, the Court took advantage of another opportunity to remind a district court of the need to provide ample factual bases for its decisions and avoid a “rush…