Who Can Appeal a Patent Board Decision? Dolby Labs Learns the Limits

Dolby Labs. Licensing Corp. v. Unified Pats., LLC Authored by: Jeremy J. Gustrowsky The Federal Circuit recently dismissed an appeal by Dolby Laboratories Licensing Corporation, clarifying when a party can challenge a Patent Trial and Appeal Board (PTAB) decision in…

Read More

Patent Lexicography Takes Center Stage in Alnylam v. Moderna COVID-19 Vaccine Dispute

Alnylam Pharms., Inc. v. Moderna, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed a district court’s ruling in the high-profile patent dispute between Alnylam Pharmaceuticals, Inc. and Moderna, Inc. over Moderna’s COVID-19 vaccine, SPIKEVAX®.…

Read More

Federal Circuit Clarifies Patent Claim Scope in X-Ray Imaging Dispute

Sigray, Inc. v. Carl Zeiss X-Ray Microscopy, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed the proper interpretation of patent claims relating to X-ray imaging technology, specifically focusing on U.S. Patent No. 7,400,704, owned…

Read More

Understanding Patents vs. Copyrights: Safeguarding Your Creative Ideaslaw

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 More

Who Really Invented CRISPR for Eukaryotic Cells? Federal Circuit Weighs In

Regents of the Univ. of Cal. v. Broad. Inst., Inc Authored by: Jeremy J. Gustrowsky The long-running patent dispute over who first invented the CRISPR-Cas9 gene-editing technology for use in eukaryotic cells—those found in plants, animals, and humans—took another turn…

Read More

Standing Roadblock: Incyte’s Patent Appeal Dismissed for Lack of Concrete Plans

Incyte Corp. v. Sun Pharm. Indus., Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit dismissed Incyte Corporation’s appeal in its patent dispute with Sun Pharmaceutical Industries, Inc., highlighting the strict requirements for Article III standing…

Read More

Patent Invalidity Upheld: Public Use and IPR Estoppel Clarified in Ingenico v. IOENGINE

Ingenico Inc. v. Ioengine, LLC Authored by: Jeremy J. Gustrowsky In a significant decision for patent law, the Federal Circuit affirmed a jury verdict that found several claims of IOENGINE’s patents invalid, providing important guidance on what counts as “public…

Read More

Patent Reissue Claims: Federal Circuit Says Actual Claim Language, Not Inventor Intent, Controls Scope

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 More

Court Limits Patent Injunctions on Clinical Trials and FDA Applications in Jazz v. Avadel

Jazz Pharms., Inc. v. Avadel CNS Pharms., LLC Authored by: Jeremy J. Gustrowsky A recent decision in Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals, LLC provides important guidance on how far patent owners can go in blocking competitors from conducting…

Read More

Federal Circuit Finds “Payment Handler” Patent Claims Indefinite for Lack of Structure

Fintiv, Inc. v. Paypal Holdings, Inc Authored by: Jeremy J. Gustrowsky In a significant decision for software patents, the Federal Circuit recently affirmed the invalidation of several Fintiv, Inc. patents for indefiniteness, holding that the term “payment handler” failed to…

Read More

Federal Circuit Clarifies Limits on Using “Admitted Prior Art” in Patent Challenges

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 More

I’ll Sell It First, Then Patent It Later: What You Need to Know About the U.S. Patent System

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 More