Federal Circuit IP Digest
Patent Board Reversed: Motivation for Obviousness Doesn’t Have to Match Inventor’s Reason
January 2, 2025
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 MorePatents on Inhaler Devices Can’t Block Generics: Federal Circuit Clarifies Orange Book Listings
December 20, 2024
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 MoreWho Really “Uses” a Cloud-Based POS System? Federal Circuit Clarifies Direct Infringement in CloudofChange v. NCR
December 18, 2024
Cloudofchange, LLC v. NCR Corp Authored by: Jeremy J. Gustrowsky In a significant decision for technology providers, the Federal Circuit reversed a $13.2 million jury verdict against NCR Corporation, clarifying who can be held liable for patent infringement when a…
Read MoreA “Quotation” Can Trigger the On-Sale Bar: Federal Circuit Invalidates Crown Packaging Patents
December 10, 2024
Crown Packaging Tech., Inc. v. Belvac Prod. Mach., Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified how easily a patent can be invalidated under the “on-sale bar” rule, even when the supposed “offer” is…
Read MorePatent Claims for “Merchants” Limited to Goods, Not Services, in DDR Holdings v. Priceline.com
December 9, 2024
DDR Holdings, LLC v. Priceline.com LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified how patent claims are interpreted when the language changes between a provisional application and the final patent. The case, DDR Holdings,…
Read MoreSolar Cell Antidumping Review Clarifies How Commerce Picks Surrogate Values and Overhead Calculations
December 9, 2024
Risen Energy Co. v. United States Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed how the U.S. Department of Commerce determines antidumping duties for Chinese solar cell exporters, focusing on the use of surrogate values…
Read MoreFederal Circuit Affirms No Infringement in Oracea® Generic Patent Dispute
December 6, 2024
Galderma Labs., L.P. v. Lupin Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that Lupin Inc.’s proposed generic version of Oracea® does not infringe Galderma Laboratories’ patents covering the branded drug. Oracea® is a…
Read MoreCourt Upholds $25,000 Sanction for Repeatedly Filing Meritless Patent Lawsuits
December 6, 2024
PS Prods. Inc. v. Panther Trading Co. In Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights the risks for companies that repeatedly file weak or baseless patent lawsuits. In this case, PS Products, Inc. (PSP) sued Panther…
Read MoreFacebook Defeats Patent Claims Over News Feed and Timeline Features
December 4, 2024
Mirror Worlds Techs., LLC v. Meta Platforms, Inc Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision has closed the book on a long-running patent dispute between Mirror Worlds Technologies, LLC and Meta Platforms, Inc. (formerly Facebook, Inc.), with…
Read MoreFederal Circuit Clarifies When Inherency Makes Patent Claims Obvious in Cytiva v. JSR
December 4, 2024
Cytiva BioProcess R&D AB v. JSR Corp Authored by: Jeremy J. Gustrowsky In a significant decision for biotechnology patents, the Federal Circuit recently addressed the concept of inherency in obviousness determinations in Cytiva BioProcess R&D AB v. JSR Corp. The…
Read MoreForeign Antisuit Injunctions in SEP Disputes: Federal Circuit Clarifies When U.S. Courts Can Step In
October 24, 2024
Telefonaktiebolaget LM Ericsson v. Lenovo (United States), Inc Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision sheds light on when U.S. courts can stop companies from enforcing foreign patent injunctions in global disputes over standard-essential patents (SEPs –…
Read MoreWhen Is a “Single Action” Not Enough? Federal Circuit Clarifies Doctrine of Equivalents Proof Requirements
October 24, 2024
Nexstep, Inc. v. Comcast Cable Commc’ns, LLC Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision has clarified the high bar for proving patent infringement under the doctrine of equivalents, especially when the technology at issue seems simple. The…
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