In three pre-trial rulings, the District of Massachusetts denied summary judgment on Abiomed’s written description defense, eliminated its indefiniteness arguments, declined to kill the reverse doctrine of equivalents, and found waiver on a last-minute means-plus-function claim construction bi
The Federal Circuit affirmed the PTAB’s decision not to consider a new prior art reference raised for the first time in the petitioner’s reply brief, leaving one claim of a networked-gaming patent standing.
The Federal Circuit affirmed a district court’s finding that a patent infringement case was ‘exceptional’ under 35 U.S.C. § 285, upholding an attorney fee award where the plaintiff never pursued discovery or demonstrated any evidence of infringement.
A Virginia federal judge cleared Amazon of infringement on four of five DivX video streaming patents, leaving only a tile-based video encryption patent for trial.
The Fourth Circuit held that PTAB draft opinions and inter-judge communications are protected from FOIA disclosure under the deliberative process privilege, and that circulation of drafts to non-panel judges is lawful deliberation, not ex parte misconduct.
The District of Oregon construed four disputed terms in an e-learning patent, adopting a network-topology-based interpretation of ‘network-side’ and ‘client-side’ consistent with the patent holder’s own positions during inter partes review.
The Federal Circuit affirmed that Enviro Tech’s poultry-processing patent was invalid because the term “about” in its pH range limitations failed to inform skilled artisans of the claim scope with reasonable certainty.
The UPC Central Division in Milan revoked the Academy of Military Medical Sciences’ European patent on the use of remdesivir to treat COVID-19, finding the claimed invention lacked inventive step because prior art published just ten days before the priority date already identified remdesivir a
In a historic first, the UPC Court of Appeal has referred four questions to the CJEU on whether UPC local divisions can assert long-arm jurisdiction over patent infringement occurring in non-UPC contracting states.
In a case marking OpenAI’s first significant patent lawsuit in Europe, the UPC Court of Appeal overturned the Paris Local Division and held that the UPC has no jurisdiction to adjudicate patent infringement in non-UPC contracting states like the UK, Switzerland, and Spain.