Jepson Claims Face Higher Written Description Bar in In re Xencor, Inc.

In re Xencor, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the rejection of Xencor, Inc.’s patent application (U.S. Patent Application No. 16/803,690) for failing to provide an adequate written description, particularly focusing on…

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Standing Roadblock: Incyte’s Patent Appeal Dismissed for Lack of Concrete Plans

Incyte Corp. v. Sun Pharm. Indus., Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit dismissed Incyte Corporation’s appeal in its patent dispute with Sun Pharmaceutical Industries, Inc., highlighting the strict requirements for Article III standing…

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Patent Invalidity Upheld: Public Use and IPR Estoppel Clarified in Ingenico v. IOENGINE

Ingenico Inc. v. Ioengine, LLC Authored by: Jeremy J. Gustrowsky In a significant decision for patent law, the Federal Circuit affirmed a jury verdict that found several claims of IOENGINE’s patents invalid, providing important guidance on what counts as “public…

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Federal Circuit Clarifies “Pull Cord” in Tactical Vest Patent Dispute

IQRIS Techs. LLC v. Point Blank Enters Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed how the term “pull cord” should be interpreted in a patent dispute between IQRIS Technologies LLC and Point Blank Enterprises,…

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Court Limits Patent Injunctions on Clinical Trials and FDA Applications in Jazz v. Avadel

Jazz Pharms., Inc. v. Avadel CNS Pharms., LLC Authored by: Jeremy J. Gustrowsky A recent decision in Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals, LLC provides important guidance on how far patent owners can go in blocking competitors from conducting…

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Patent Owners Get a Win: Federal Circuit Limits Collateral Estoppel from PTAB Decisions

Kroy IP Holdings, LLC v. Groupon, Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners, the Federal Circuit recently clarified when a prior Patent Trial and Appeal Board (PTAB) decision can prevent a patentee from asserting…

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Court Clarifies What Counts as “Domestic Industry” for Patent Protection at the ITC

Lashify, Inc. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners who manufacture their products overseas, the Federal Circuit in Lashify, Inc. v. International Trade Commission clarified what activities can qualify as a…

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Federal Circuit Clarifies Limits of Prosecution Disclaimer in Maquet v. Abiomed Patent Dispute

Maquet Cardiovascular LLC v. Abiomed Inc. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit vacated a lower court’s ruling in the patent dispute between Maquet Cardiovascular LLC and Abiomed Inc., providing important guidance on how prosecution…

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Patent Term Extensions for Reissued Patents: Merck v. Aurobindo Clarifies the Rules

Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc Authored by: Jeremy J. Gustrowsky In a significant decision for pharmaceutical patent holders, the Federal Circuit has clarified how patent term extensions (PTEs) apply to reissued patents in the case…

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Federal Circuit Clarifies Limits on Using “Admitted Prior Art” in Patent Challenges

Qualcomm Inc. v. Apple Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent law, the Federal Circuit has clarified how “applicant admitted prior art” (AAPA) can—and cannot—be used in inter partes review (IPR) proceedings. The case involved…

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Federal Circuit Says Applying Machine Learning to New Fields Isn’t Enough for a Patent

Recentive Analytics, Inc. v. Fox Corp Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit tackled whether simply using machine learning in a new context—like TV scheduling or network mapping—can make an invention eligible for a patent.…

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Federal Circuit Clarifies: Patent Claims Listing Separate Ingredients Require Separate Components

Regeneron Pharms., Inc. v. Mylan Pharms. Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that when a patent claim lists components separately—like a “VEGF antagonist” and a “buffer”—those elements must be distinct in the…

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