The Federal Circuit reversed the dismissal of an induced patent infringement suit on res judicata grounds, holding that a prior judgment on direct infringement claims does not preclude a subsequent suit for induced infringement when the induced infringement claims are based on different operative fa
The Federal Circuit affirmed PTAB’s holding that Medytox’s botulinum toxin patents were not enabled across their full claimed scope, and clarified that PTAB preliminary guidance under the motion-to-amend pilot program is non-binding.
The Federal Circuit affirmed rejection of a patent application covering a hypertension treatment method, holding that discovering an unexpected mechanism through which known drugs achieve a known result does not overcome a prima facie obviousness case rooted in inherency.
The Federal Circuit affirmed PTAB’s decision to disregard Parus Holdings’ evidence in IPR proceedings, holding that a patent owner’s attempt to incorporate arguments by reference through voluminous exhibits violates PTAB procedural rules and the APA does not require the Board to ov
The Federal Circuit affirmed that a nonparty who shared key design elements for an expandable hose with the named inventor at a pre-filing meeting was a co-inventor who should have been listed on the patents, and that his testimony was adequately corroborated by physical prototypes and documentary e
The Federal Circuit reversed the PTAB’s reliance on commercial success as a secondary consideration of nonobviousness for car floor mat patents, holding that evidence of commercial success must be linked to the claimed combination as a whole, not to a single feature that was already present in
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