Expert Testimony Missteps Lead to New Trial in Medical Device Patent Dispute

Trudell Med. Int’l Inc. v. D R Burton Healthcare, LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit ordered a new trial in the patent dispute between Trudell Medical International Inc. and D R Burton Healthcare,…

Read More

Plant-Based Albumin Patent Survives Import Challenge at the ITC

Wuhan Healthgen Biotechnology Corp. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the International Trade Commission’s (ITC) finding that Wuhan Healthgen Biotechnology Corp. infringed Ventria Bioscience Inc.’s U.S. Patent No. 10,618,951,…

Read More

Federal Circuit Clarifies “Comprising Tungsten” Means Elemental Tungsten—But Patent Still Obvious

HD Silicon Sols. LLC v. Microchip Tech. Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed a key issue in the patent dispute between HD Silicon Solutions LLC and Microchip Technology Inc. over U.S. Patent…

Read More

Regeneron Wins Key Injunction to Block EYLEA® Biosimilar Launch

Regeneron Pharms., Inc. v. Mylan Pharms. Inc Authored by: Jeremy J. Gustrowsky In a significant win for Regeneron Pharmaceuticals, the Federal Circuit affirmed a preliminary injunction that blocks Samsung Bioepis (SB) from launching its EYLEA® biosimilar in the United States.…

Read More

Patent Office Can Continue Reexams Even After IPRs and Patent Expiration, Court Says

In re Gesture Tech. Partners, LLC Authored by: Jeremy J. Gustrowsky A recent decision has clarified how patent challenges can proceed even after multiple rounds of review and the expiration of the patent itself. Gesture Technology Partners, LLC found itself…

Read More

Jury’s Patent Infringement Verdict Partly Restored in Aseptic Packaging Technology Dispute

Steuben Foods, Inc. v. Shibuya Hoppmann Corp Authored by: Jeremy J. Gustrowsky A recent appellate decision has clarified the boundaries of patent infringement and the doctrine of equivalents in the context of aseptic food packaging technology. Steuben Foods, Inc. accused…

Read More

Published Patent Applications Can Be Used as Prior Art in IPRs—Even Before They’re Public

Lynk Labs, Inc. v. Samsung Elecs. Co Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified a key question for patent law: Can a published patent application be used as prior art in an inter partes…

Read More

Patent Law Preempts State Claims in BearBox v. Lancium Dispute Over Bitcoin Mining Tech

BearBox LLC v. Lancium LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed a win for Lancium LLC in a dispute brought by BearBox LLC and its founder, Austin Storms, over patented technology for managing…

Read More

Federal Circuit Clarifies Written Description for Drug Combination Patents

Novartis Pharms. Corp. v. Torrent Pharma Inc. (In re Entresto (Sacubitril_Valsartan)) Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision has important implications for pharmaceutical patents covering drug combinations, especially when new forms of those combinations are discovered after…

Read More

Court Rejects $85 Million Copyright Damages Demand, Sides with Navy’s “Usage-Based” Approach

Bitmanagement Software GmbH v. United States Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed a much smaller damages award for Bitmanagement Software GmbH after the U.S. Navy was found to have infringed its copyright on…

Read More

Patent Board Reversed: Motivation for Obviousness Doesn’t Have to Match Inventor’s Reason

Honeywell Int’l Inc. v. 3G Licensing, S.A. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit reversed the Patent Trial and Appeal Board’s (PTAB) finding that claims of U.S. Patent No. 7,319,718 were not obvious. The patent,…

Read More

Patents on Inhaler Devices Can’t Block Generics: Federal Circuit Clarifies Orange Book Listings

Teva Branded Pharm. Prods. R&D, Inc. v. Amneal Pharms. of N.Y., LLC Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision has big implications for pharmaceutical companies that make combination drug-device products, like inhalers. The court ruled that patents…

Read More