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Patent 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 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 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 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…
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 “Group” Not a Group? Federal Circuit Sends Patent Dispute Back for More Claim Construction
October 18, 2024
UTTO Inc. v. Metrotech Corp Authored by: Jeremy J. Gustrowsky A recent decision highlights how the meaning of just one word in a patent claim can make or break an infringement lawsuit. UTTO Inc. owns U.S. Patent No. 9,086,441, which…
Read MoreFederal Circuit Revives AlexSam’s Patent Infringement Claims Against Aetna Over Multifunction Card Technology
October 8, 2024
AlexSam, Inc. v. Aetna, Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent holders, the Federal Circuit has breathed new life into AlexSam, Inc.’s lawsuit against Aetna, Inc., overturning a district court’s dismissal of claims involving multifunction…
Read MoreFederal 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…
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