The Federal Circuit held that the inter partes review statute does not permit a petitioner to join itself to its own existing IPR proceeding or to add new issues through joinder, closing a widely-used PTAB practice that had allowed parties to work around the one-year filing deadline.
The Federal Circuit vacated a judgment of noninfringement in a dispute over Genentech’s Hemlibra hemophilia drug, holding the district court’s narrow construction of ‘antibody’ was inconsistent with the patent’s written description, which disclosed bispecific, chimeric, and humanized antibodies.
The Federal Circuit affirmed a finding of willful patent infringement and the jury’s $23 million damages award in a droplet microfluidics case, but reversed claim construction on two of three patents and partially vacated the injunction as to product lines where 10X had not yet developed non-infring
The Federal Circuit granted a writ of mandamus directing transfer of a patent case from the Western District of Texas to the Northern District of California — the first such order against Judge Albright’s court — holding that the district court abused its discretion by improperly weighing tran
The Federal Circuit held that a state university’s sovereign immunity barred its involuntary joinder as a co-plaintiff, but permitted an exclusive patent licensee to proceed with infringement litigation without the patent owner, because the licensee had identical interests and no risk of multiple su
The Federal Circuit affirmed the PTAB’s invalidation of EMC’s data storage system patents on obviousness grounds — holding that the PTAB properly weighed secondary considerations of non-obviousness including commercial success and industry praise, but found them insufficient to overcome
The Federal Circuit held that Roche’s patents on etanercept (Enbrel) were not subject to obviousness-type double patenting by Immunex, because Roche’s license to Immunex was not an effective assignment — Roche retained substantial patent rights that prevented common ownership.
The Federal Circuit held that direct competitors have Article III standing to appeal an IPR final written decision even without a specific threat of patent infringement litigation, so long as their commercial activities risk infringement and the patent owner has refused to grant a covenant not to su
The Federal Circuit held that claim preclusion and the Kessler doctrine barred PersonalWeb from re-suing Amazon’s customers for infringement of the same patents, after PersonalWeb had previously settled a lawsuit against Amazon itself without expressly reserving its rights to sue downstream customer
The Federal Circuit addressed whether a standard-essential patent holder’s injunction request against a licensee who rejected a FRAND license offer was properly denied — examining the standards for determining whether a license offer was FRAND-compliant and whether refusal to accept a FRAND of