The Federal Circuit affirmed the PTAB’s award of CRISPR gene-editing patent rights to the Broad Institute over UC Berkeley, holding that UC’s earlier reduction to practice in prokaryotic cells did not establish a continuous conception and reduction to practice in eukaryotic cells — the m
The Federal Circuit struck down the Lanham Act’s prohibition on registering marks that include a living person’s name without their consent as applied to “TRUMP TOO SMALL,” holding it was an unconstitutional restriction on speech critical of public figures — though the Supreme Court later reversed.
The Federal Circuit held that a USPTO Director decision vacating an ex parte reexamination on IPR estoppel grounds is subject to judicial review under the APA, reversing the district court’s dismissal.
The Federal Circuit held that IPR estoppel under 35 U.S.C. § 315(e)(1) applies to invalidity grounds a petitioner could have raised in an earlier-decided IPR, even if that IPR and the later-challenged IPR were filed on the same day — closing the simultaneous-petition loophole.
The Federal Circuit held that a detailed price quotation letter sent before the patent critical date constituted a commercial offer for sale that triggered the on-sale bar, invalidating a design patent for a medical device handle.
A divided Federal Circuit affirmed that the patents covering Narcan nasal spray’s naloxone formulation were obvious, finding ample motivation to combine prior art formulations despite secondary considerations including FDA need and commercial success.
The Federal Circuit held that a contractual forum-selection clause requiring all patent disputes to be filed in district court — not the PTAB — barred Sarepta from filing IPR petitions, enforcing private agreements that waive the right to inter partes review.
The Federal Circuit affirmed the PTAB’s rejection of Quanergy’s inter partes review challenge to Velodyne’s foundational 3D LiDAR patent, upholding the patent’s validity as Velodyne survived an attempt to invalidate its core autonomous vehicle sensing technology.
The Federal Circuit affirmed infringement of Caltech’s Wi-Fi error-correction patents but vacated a $1.1 billion damages award against Broadcom and Apple, rejected a novel two-tier royalty model, and clarified that IPR estoppel bars defendants from raising invalidity grounds that reasonably could ha
The Federal Circuit vacated an $85 million jury verdict against Apple, holding that the damages expert failed to apportion the royalty base to account only for the patented features rather than the entire value of the accused LTE-enabled iPhones.