The Federal Circuit reversed the PTAB’s obviousness ruling on a drug delivery device patent, holding that the Board misapplied the analogous art test by comparing a prior art reference to another prior art reference rather than to the challenged patent—an IPR petitioner bears the burden of sho
The Federal Circuit reversed a district court’s addition of a joint inventor to a bacon-precooking patent, holding that contributing a preheating concept—when that concept was already known and not the novel element of the claimed invention—is an ‘insignificant’ contribution that d
The Federal Circuit affirmed invalidity of UCB’s transdermal rotigotine patch patent, holding that prior art ranges overlapping with claimed ranges create a presumption of obviousness that the patentee must rebut by showing criticality or unexpected results.
The Federal Circuit affirmed that Arbutus Biopharma’s patent on stable nucleic acid-lipid particles (SNALPs) with non-lamellar morphology was inherently anticipated by an earlier Arbutus patent, holding that when the same formulation process disclosed in both patents naturally produces the cla
The Federal Circuit affirmed willful infringement of Ironburg’s video game controller patent by Valve’s Steam Controller, while vacating and clarifying the standard for IPR estoppel — holding that the patent owner, not the petitioner, bears the burden of proving estoppel applies.
The Federal Circuit revived Apple’s Administrative Procedure Act challenge to the USPTO’s Fintiv policy, under which the PTAB discretionarily denies institution of inter partes reviews when parallel district court litigation is proceeding, allowing the challenge to be heard on its merits
The Federal Circuit reversed the PTAB’s finding of no obviousness, holding that when two prior art references address the same technical problem and one provides a known technique for solving it, a skilled artisan would be motivated to combine them—the Board’s contrary conclusion contrad
The Federal Circuit affirmed the PTAB’s ruling that the University of Minnesota’s antiviral drug patent—directed to phosphoramidate prodrugs of nucleoside derivatives—lacked adequate written description support for its broad genus claims, because the patent’s specification disclose
The Federal Circuit affirmed the delisting of Jazz Pharmaceuticals’ REMS system patent from the FDA Orange Book, holding that a patent claiming a drug distribution and monitoring system — rather than the drug itself or a method of using it — is ineligible for Orange Book listing.
The Federal Circuit affirmed that Minerva Surgical’s demonstration of 15 fully functional endometrial ablation device prototypes at an industry trade show—more than a year before the patent’s priority date—triggered the public use bar of pre-AIA § 102(b) and invalidated the asserted pate