Tag: Patent Law
Patent Provisional Rights Don’t Outlive Patent Expiration, Says Federal Circuit
April 3, 2025
In re Forest Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified that “provisional rights” to a patent cannot exist if the patent itself is already expired by the time it issues. The case involved Donald…
Read MoreIn re Riggs Clarifies Who Gets the Benefit of a Provisional Patent’s Filing Date
March 24, 2025
In re Riggs Authored by: Jeremy J. Gustrowsky The Federal Circuit recently decided In re Riggs which sheds new light on when a published patent application can use the filing date of its earlier provisional application to qualify as prior…
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 MoreStem Cell Patent Survives Challenge Over Prior Art and Claim Construction
March 4, 2025
Restem, LLC v. Jadi Cell, LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the validity of Jadi Cell, LLC’s U.S. Patent No. 9,803,176, which covers a method for obtaining stem cells from the subepithelial…
Read MorePatent Eligibility for Polycrystalline Diamond Compacts Upheld in Federal Circuit Decision
February 13, 2025
\US Synthetic Corp. v. ITC Authored by: Jeremy J. Gustrowsky In a significant decision for the materials science and drilling industries, the Federal Circuit has reversed a prior ruling by the International Trade Commission (ITC) and found that US Synthetic…
Read MoreUnderstanding Patents: What Every Inventor Should Know
February 12, 2025
When it comes to patents, understanding what they protect is key for inventors and creators alike. The most common type, the utility patent, safeguards useful inventions. This could encompass a wide range of innovations, such as processes, machines, chemical compounds,…
Read MoreIPR Decisions Don’t Always Block Patent Claims in Court, Says Federal Circuit
February 10, 2025
Kroy IP Holdings, LLC v. Groupon, Inc Authored by: Jeremy J. Gustrowsky In the recent case of Kroy IP Holdings, LLC v. Groupon, Inc., the Federal Circuit addressed a key question in patent law: Does a decision by the Patent…
Read MoreRegeneron Wins Key Injunction to Block EYLEA® Biosimilar Launch
January 29, 2025
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 MorePatent Office Can Continue Reexams Even After IPRs and Patent Expiration, Court Says
January 27, 2025
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 MoreNavigating Patent Myths: Unlocking Your Business Potential
January 15, 2025
Common misconceptions about the patent system can really hold businesses back from seizing growth opportunities and securing their place in the market, especially when there’s fierce competition out there. One of the biggest myths? “If I patent it, I can…
Read MorePublished Patent Applications Can Be Used as Prior Art in IPRs—Even Before They’re Public
January 14, 2025
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 MorePatent Law Preempts State Claims in BearBox v. Lancium Dispute Over Bitcoin Mining Tech
January 13, 2025
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…
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