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.
The Federal Circuit held that the USPTO acted arbitrarily by ordering ex parte reexamination based on arguments substantially identical to those the same requester had already raised and lost in IPR proceedings, affirming the agency’s discretion to reject repetitive patent challenges.
The Federal Circuit clarified that willful patent infringement requires only deliberate or intentional infringement — no heightened standard applies — and reinstated a doubled damages award against Cisco for its litigation conduct and disdain toward the patent holder.
The Federal Circuit affirmed that a patent is unenforceable for inequitable conduct when a company’s chief science officer withheld from the USPTO material information about a competitor’s epinephrine product that he disclosed to the FDA during the same period.
The Federal Circuit held that a corporate officer can be personally liable for actively participating in a corporation’s patent infringement even without any piercing of the corporate veil, and clarified that the patent marking statute limits pre-notice damages regardless of whether the infrin
The Federal Circuit reversed a $1.2 billion jury verdict for Juno, holding that patent claims covering a broad functional genus of CAR-T cell receptor constructs lacked adequate written description because the specification disclosed only a few examples that could not support the full claimed scope.
The Federal Circuit held that four patents covering methods for coordinating multi-factor authentication across secure registries, PINs, biometrics, and universal devices are directed to abstract ideas and lack an inventive concept sufficient to confer patent eligibility.
The Federal Circuit affirmed the exclusion of a patent owner’s damages expert, holding that the expert’s reasonable royalty calculation failed to adequately apportion the royalty base to account only for the patented features, rather than the full value of the accused products.
The Federal Circuit reversed a PTAB finding that two Gamon Plus gravity-feed dispenser design patents were not obvious, holding that secondary considerations lacked nexus to the claimed design and could not overcome the strong prima facie case of obviousness.
The Federal Circuit held that patents covering data management systems that use cryptographic hash functions to generate content-based identifiers are directed to abstract mathematical concepts and ineligible under § 101.