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.
The Federal Circuit held that statements in a patent’s own specification acknowledging known prior art — so-called applicant-admitted prior art (AAPA) — cannot serve as the “basis” for an inter partes review petition under § 311(b), which limits IPR to prior art consisting of patents and printed pub
The Federal Circuit reversed dismissal of Cooperative Entertainment’s patent on a peer-to-peer content delivery network architecture, holding that claims directed to a specific topology of network nodes for distributing large video files can be patent-eligible when the specific network arrange
The Federal Circuit affirmed a preliminary injunction protecting Masimo’s pulse oximeter algorithm as a trade secret, holding that prior publication of equivalent mathematics in a statistics journal did not make the algorithm generally known to those who could obtain economic value from it in
The Federal Circuit vacated an ITC infringement determination because the patent owner’s expert lacked the specific experience required to qualify as a person of ordinary skill in the art — broad engineering expertise in related fields was not enough.
The Federal Circuit vacated an infringement ruling against Mylan, holding that the patent’s prosecution history and written description limited the claimed PVP concentration in AstraZeneca’s asthma inhaler patent to a precise value rather than a range.
The Federal Circuit affirmed PTAB’s refusal to invalidate Corcept’s mifepristone dosage patent, holding that an IPR petitioner must demonstrate a reasonable expectation of success for the specific dosage claimed — not merely for the drug combination generally.
In a divided decision, the Federal Circuit affirmed that Biogen’s multiple sclerosis drug patent lacked adequate written description because the specification’s single passing reference to a 480 mg/day dose of dimethyl fumarate did not demonstrate the inventors actually possessed that specific thera
The Federal Circuit granted mandamus to compel transfer from the Western District of Texas, holding that a district court’s faster time to trial cannot alone outweigh other venue factors that favor transfer.
The Federal Circuit affirmed dismissal of Celgene’s Hatch-Waxman patent suit for improper venue, holding that for ANDA litigation venue purposes, the act of infringement is the submission of the ANDA itself — not the receipt of a notice letter or the state where future generic sales are antici
The Federal Circuit reversed a PTAB obviousness determination, holding that the Board lacked substantial evidence for a reasonable expectation of success because the cited prior art references did not actually achieve the claimed result of inactivating antibiotic-resistant bacteria without photosens
The Federal Circuit addressed the scope of IPR estoppel under § 315(e)(2), holding that an IPR petitioner is estopped from raising in district court invalidity grounds based on prior art that could reasonably have been raised in the IPR petition — including prior art patents and publications the pet
The Federal Circuit held that a cardiac monitoring patent claim directed to filtering T-wave data to distinguish it from atrial fibrillation was an abstract idea of data filtering, lacking an inventive concept sufficient to survive § 101 scrutiny.
The Federal Circuit held that a forum selection clause in a non-disclosure agreement requiring disputes to be litigated in New York courts does not preclude the counterparty from filing inter partes review petitions at the PTAB, because the connection between the IPR and the NDA was too attenuated.
The Federal Circuit reversed a design patent rejection, holding that prior art can only anticipate a design patent claim if the prior art reference discloses a design applied to the same article of manufacture identified in the claim — a design for an art tool cannot anticipate a design for a lip im
The Federal Circuit reversed a district court’s patent ineligibility ruling, holding that claims directed to a specific two-channel mobile authentication method that improves cybersecurity represent a concrete technical solution eligible for patent protection.