Tag: Patents
Federal Circuit Finds “Payment Handler” Patent Claims Indefinite for Lack of Structure
April 30, 2025
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 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 MoreUK “Sterile” Label Sinks US Patent Claims: Sage Products Loses Appeal Over Chlorhexidine Patent
April 15, 2025
Sage Prods., LLC v. Stewart Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the invalidation of two patents owned by Sage Products, LLC, relating to sterilized chlorhexidine products used for skin disinfection. The patents in…
Read MorePatent Owner’s Own Words Sink Infringement Case Over Vancomycin Liquid Formulation
April 8, 2025
Azurity Pharms., Inc. v. Alkem Labs. Ltd Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that Azurity Pharmaceuticals, Inc. could not enforce its U.S. Patent No. 10,959,948 against Alkem Laboratories Ltd. because Azurity had clearly…
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 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 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 MoreUnderstanding Patents and Trademarks: Key Protections for Innovation and Branding
March 12, 2025
A patent is essentially a government-granted right that allows the holder to prevent others from making, using, selling, or importing a particular invention for a set period of time. This protection encourages innovation by ensuring that inventors have exclusive rights…
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…
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