Federal Circuit IP Digest
Tax Win for Generics: Federal Circuit Says Hatch-Waxman Litigation Costs Are Deductible Business Expenses
March 21, 2025
Actavis Lab’ys FL, Inc. v. United States Authored by: Jeremy J. Gustrowsky In a major decision for the generic pharmaceutical industry, the Federal Circuit in Actavis Laboratories FL, Inc. v. United held that the legal expenses generic drug makers incur…
Read MoreFederal Circuit Clarifies Limits of Prosecution Disclaimer in Maquet v. Abiomed Patent Dispute
March 21, 2025
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…
Read MoreFederal Circuit Clarifies Limits on Raising New Arguments in Patent Appeals
March 19, 2025
AMP Plus, Inc. v. DMF, Inc Authored by: Jeremy J. Gustrowsky In AMP Plus, Inc. v. DMF, Inc., the Federal Circuit recently affirmed a decision by the Patent Trial and Appeal Board (PTAB) regarding a dispute over U.S. Patent No.…
Read MoreWhen Standing Falls Short: Why AEG’s Bid Protest Over Djibouti Fuel Contract Was Dismissed
March 19, 2025
Associated Energy Grp., LLC v. United States Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed a challenge by Associated Energy Group, LLC (AEG) over a U.S. Department of Defense fuel contract for military bases in…
Read MoreWho Gets to Use “MONEY MART” for Pawn Shops? Federal Circuit Clarifies Trademark Priority Rules
March 19, 2025
Dollar Fin. Grp., Inc. v. Brittex Fin., Inc Authored by: Jeremy J. Gustrowsky In the recent case of Dollar Financial Group, Inc. v. Brittex Financial, Inc., the Federal Circuit addressed a dispute over who had the right to use the…
Read MoreFederal Circuit Clarifies: Patent Claims Listing Separate Ingredients Require Separate Components
March 14, 2025
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…
Read MoreJepson Claims Face Higher Written Description Bar in In re Xencor, Inc.
March 13, 2025
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…
Read MorePatent Term Extensions for Reissued Patents: Merck v. Aurobindo Clarifies the Rules
March 13, 2025
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…
Read MoreWhen Is a Trademark Generic? Federal Circuit Clarifies in “Fireball” Whiskey Dispute
March 12, 2025
Bullshine Distillery LLC v. Sazerac Brands, LLC Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision, Bullshine Distillery LLC v. Sazerac Brands, LLC, tackled the question of when a term is considered generic for trademark purposes. The case centered…
Read MoreFederal Circuit Vacates PTAB Decision in CQV v. Merck Over Prior Art Evidence
March 10, 2025
CQV Co., Ltd. v. Merck Pat. GmbH Authored by: Jeremy J. Gustrowsky In the recent case of CQV Co., Ltd. v. Merck Patent GmbH, the Federal Circuit addressed a dispute over the validity of U.S. Patent No. 10,647,861, which covers…
Read MorePatent Board’s Ruling Vacated Over Expert Qualifications and Claim Interpretation in Sierra Wireless v. Sisvel
March 10, 2025
Sierra Wireless v. Sisvel S.P.A Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit vacated a Patent Trial and Appeal Board (PTAB) ruling that had found several claims of U.S. Patent No. 7,869,396 unpatentable. The patent, owned…
Read MoreFederal Circuit Affirms PTAB’s Finding of Obviousness in AliveCor v. Apple Patent Dispute
March 7, 2025
Alivecor, Inc. v. Apple Inc Authored by: Jeremy J. Gustrowsky In a closely watched case, the Federal Circuit has affirmed the Patent Trial and Appeal Board’s (PTAB) decision that all claims of three AliveCor patents related to wearable heart monitoring…
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