Tag: Patent Law
Understanding Patents vs. Copyrights: Safeguarding Your Creative Ideaslaw
May 14, 2025
When it comes to protecting your creative ideas, understanding the difference between a patent and a copyright is crucial. A patent is a legal right granted by the government, allowing the inventor to exclude others from making, using, selling, or…
Read MorePatent Reissue Claims: Federal Circuit Says Actual Claim Language, Not Inventor Intent, Controls Scope
May 6, 2025
In re Kostic Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified an important rule for patent owners seeking to broaden their claims through a reissue: what matters is the actual language of the original claims,…
Read MoreFederal Circuit Clarifies Limits on Using “Admitted Prior Art” in Patent Challenges
April 23, 2025
Qualcomm Inc. v. Apple Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent law, the Federal Circuit has clarified how “applicant admitted prior art” (AAPA) can—and cannot—be used in inter partes review (IPR) proceedings. The case involved…
Read MoreI’ll Sell It First, Then Patent It Later: What You Need to Know About the U.S. Patent System
April 16, 2025
Did you know that the U.S. patent system allows inventors a whole year to file for patent protection after they first disclose their idea or put it up for sale? This is great news, but there are some important things…
Read MorePatent 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 More