Federal Circuit IP Digest
Federal Circuit Clarifies Double Patenting and Written Description in Allergan v. MSN Labs
October 8, 2024
Allergan USA, Inc. v. MSN Labs. Priv. Ltd Authored by: Jeremy J. Gustrowsky In a significant decision for pharmaceutical patent holders, the Federal Circuit reversed a district court’s ruling that had invalidated several Allergan patents related to the drug eluxadoline,…
Read MoreFalse “Patented” Claims Can Violate the Lanham Act, Says Federal Circuit in Crocs v. Effervescent
October 3, 2024
Crocs, Inc. v. Effervescent, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified that companies can be held liable under the Lanham Act for falsely advertising their products as “patented” when those claims mislead consumers…
Read MorePatent Damages and Willfulness Standards Tightened in Food Machinery Patent Dispute
October 2, 2024
Provisur Techs., Inc. v. Weber, Inc Authored by: Jeremy J. Gustrowsky A recent appellate decision has clarified several important issues in patent law, particularly around proving infringement, willful infringement, and calculating damages. The case involved Provisur Technologies, Inc., which owns…
Read MoreFederal Circuit Admonishes District Court for Deciding Patent Eligibility Issue That Neither Party Raised
September 18, 2024
Astellas Pharma, Inc. v. Sandoz Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit vacated a district court ruling that had invalidated key claims of Astellas Pharma’s patent for its overactive bladder drug, Myrbetriq® (U.S. Patent…
Read MoreArmy’s $245 Million Special Forces Training Contract Survives Bid Protest After Federal Circuit Review
September 16, 2024
Oak Grove Techs., LLC v. United States Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights the complex rules that govern government contract awards, especially when multiple companies challenge the process. The dispute centered on a $245 million…
Read MorePatent Claims Don’t Have to Be Mutually Exclusive, Says Appeals Court in Catheter Patent Dispute
September 16, 2024
Vascular Sols. LLC v. Medtronic, Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit offers important guidance for patent owners and litigants about how patent claims can be drafted and interpreted—especially when it comes to claims…
Read MorePatent Claims for Action Cameras Survive Eligibility Challenge in Contour v. GoPro
September 9, 2024
Contour IP Holding LLC v. GoPro, Inc Authored by: Jeremy J. Gustrowsky In a significant decision for technology innovators, the Federal Circuit reversed a lower court’s ruling that had invalidated Contour IP Holding LLC’s patents covering point-of-view (POV) action cameras,…
Read MoreFederal Circuit Revives ParkerVision’s Patent Claims Against Qualcomm Over Wireless Chip Technology
September 6, 2024
Parkervision, Inc. v. Qualcomm Inc Authored by: Jeremy J. Gustrowsky A recent decision by the Federal Circuit has breathed new life into ParkerVision’s long-running patent dispute with Qualcomm over wireless communication technology. The court found that the lower district court…
Read MoreExpert Testimony in Patent Cases: Timing of Experience Doesn’t Disqualify
September 4, 2024
Osseo Imaging, LLC v. Planmeca USA Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit clarifies an important point about expert testimony in patent cases: an expert does not need to have been a “person of…
Read MoreFederal Circuit Affirms: Video-On-Demand Guide Patents Fail Under Section 101
September 3, 2024
Broadband iTV, Inc. v. Amazon.Com, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that several patents owned by Broadband iTV, Inc. covering electronic program guides for video-on-demand systems are not eligible for patent protection…
Read MoreWhen Similar-Looking Trademarks Aren’t Confusing: A Recent Lesson from the Appeals Court
September 3, 2024
Tribe of Two, LLC v. Vidal Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights how two trademarks can look somewhat alike but still be considered legally distinct, avoiding confusion in the marketplace. The case involved…
Read MorePatent Owner’s Strategic Waiver Bars Second Shot at Apple’s Processors
August 28, 2024
Wis. Alumni Rsch. Found. v. Apple Inc Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights how strategic decisions in patent litigation can have long-lasting consequences. The Wisconsin Alumni Research Foundation (WARF) spent over a decade pursuing Apple…
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