The Federal Circuit affirmed that a settlement agreement’s forum selection clause requiring patent disputes to be filed in Delaware federal court did not bar Abbott from filing inter partes review petitions after the agreement’s covenant-not-to-challenge period expired—because the agreem
The Federal Circuit affirmed the PTAB’s claim construction of ‘storage element’ based on inventor lexicography in an incorporated-by-reference patent, holding that the PTAB is not bound by a conflicting district court construction and that Intel’s reply arguments were proper
The Federal Circuit affirmed that generic drug manufacturers who carve out patented indications from their drug labels—the so-called ‘skinny label’ strategy—do not infringe method-of-use patents covering those omitted indications under the Hatch-Waxman Act, and that brand-name companies
The Federal Circuit affirmed that the PTAB retains authority to issue a final written decision in an IPR or PGR even after the statutory one-year (plus extension) deadline has passed, provided no clear contrary congressional intent bars the late decision.
The Federal Circuit affirmed the PTAB’s ruling that Medtronic failed to prove Teleflex’s guide extension catheter patents unpatentable, finding that the claimed invention was conceived and reduced to practice before the critical date of the asserted prior art.
The Federal Circuit dismissed Allgenesis’s appeal from an adverse IPR decision for lack of Article III standing, holding that vague future product plans and non-appealable priority rulings do not constitute a concrete injury sufficient to invoke federal court jurisdiction.
The Federal Circuit vacated an infringement judgment in an ANDA case involving pulmonary hypertension drug patents, holding that the district court erred by construing ‘a pH of 13’ based solely on intrinsic evidence when the parties submitted competing extrinsic evidence—including textbo
The Federal Circuit upheld attorneys’ fee awards against PersonalWeb, affirming that the Kessler doctrine barred it from suing Amazon’s customers after PersonalWeb had stipulated to dismissal with prejudice of its earlier case against Amazon itself.
In a split decision, the Federal Circuit affirmed PTAB’s patentability finding for DivX’s media streaming patents, holding that Netflix forfeited its arguments by failing to present them with sufficient clarity in the IPR petition.
The Federal Circuit vacated a multi-million dollar patent damages award against Chilisin Electronics, holding that the district court abused its discretion by admitting a damages expert opinion that failed to differentiate between infringing and non-infringing products in the royalty base calculatio