The Federal Circuit held that the judicially created doctrine of obviousness-type double patenting cannot be used to cut short a patent term extension lawfully granted by statute, affirming Novartis’s extended patent protection for its multiple sclerosis drug Gilenya.
The Federal Circuit reversed a district court’s summary judgment finding written description inadequacy for Nevro’s spinal cord stimulation patents, holding that the specification’s disclosure of the claimed frequency ranges combined with paresthesia-free stimulation raised genuine
The Federal Circuit vacated a $140 million patent damages award, holding that the entire market value rule cannot be used to calculate damages when accused products have valuable features beyond the patented invention.
The Federal Circuit held that a company that had built a manufacturing facility and planned commercial activity within the scope of a challenged patent had Article III standing to appeal an adverse IPR decision, even without being accused of infringement.
Sitting en banc, the Federal Circuit held that the IPR one-year time bar under 35 U.S.C. § 315(b) is triggered when a defendant is served with a patent infringement complaint, even if that complaint is later voluntarily dismissed without prejudice.
The Federal Circuit dismissed an IPR petitioner’s appeal for lack of Article III standing, holding that a party must show concrete plans for activity creating a substantial risk of infringement — not just status as a competitor — to have standing to challenge an adverse PTAB decision in court.
The Federal Circuit vacated a PTAB decision that had rejected a trade show catalog as prior art, holding that materials publicly distributed at industry events can qualify as “printed publications” under 35 U.S.C. § 102(b) even if they were not formally indexed or archived.
The Federal Circuit held that tribal sovereign immunity cannot be used to shield patents from inter partes review, rejecting a controversial licensing arrangement between Allergan and the St. Regis Mohawk Tribe designed to avoid IPR challenges to Restasis patents.
The Supreme Court held that a patent holder can recover lost foreign profits as damages when a domestic act of infringement under § 271(f) caused those foreign profits to be lost.
The Federal Circuit addressed claim differentiation and claim construction for Teleflex’s coronary sinus lead placement patent — holding that where a dependent claim adds a specific limitation, the corresponding independent claim must be broader, and applying this principle to construe lead pl