Patents on Inhaler Devices Can’t Block Generics: Federal Circuit Clarifies Orange Book Listings

Teva Branded Pharm. Prods. R&D, Inc. v. Amneal Pharms. of N.Y., LLC Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision has big implications for pharmaceutical companies that make combination drug-device products, like inhalers. The court ruled that patents…

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Federal Circuit Affirms No Infringement in Oracea® Generic Patent Dispute

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…

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Federal Circuit Clarifies When Inherency Makes Patent Claims Obvious in Cytiva v. JSR

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…

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Facebook Defeats Patent Claims Over News Feed and Timeline Features

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…

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When Is a “Single Action” Not Enough? Federal Circuit Clarifies Doctrine of Equivalents Proof Requirements

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…

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Foreign Antisuit Injunctions in SEP Disputes: Federal Circuit Clarifies When U.S. Courts Can Step In

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 –…

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Federal Circuit Clarifies Double Patenting and Written Description in Allergan v. MSN Labs

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,…

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False “Patented” Claims Can Violate the Lanham Act, Says Federal Circuit in Crocs v. Effervescent

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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Federal Circuit Admonishes District Court for Deciding Patent Eligibility Issue That Neither Party Raised

Astellas Pharma, Inc. v. Sandoz Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit vacated a district court ruling that had invalidated key claims of Astellas Pharma’s patent for its overactive bladder drug, Myrbetriq® (U.S. Patent…

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Patent Claims Don’t Have to Be Mutually Exclusive, Says Appeals Court in Catheter Patent Dispute

Vascular Sols. LLC v. Medtronic, Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit offers important guidance for patent owners and litigants about how patent claims can be drafted and interpreted—especially when it comes to claims…

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Patent Claims for Action Cameras Survive Eligibility Challenge in Contour v. GoPro

Contour IP Holding LLC v. GoPro, Inc Authored by: Jeremy J. Gustrowsky In a significant decision for technology innovators, the Federal Circuit reversed a lower court’s ruling that had invalidated Contour IP Holding LLC’s patents covering point-of-view (POV) action cameras,…

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Federal Circuit Revives ParkerVision’s Patent Claims Against Qualcomm Over Wireless Chip Technology

Parkervision, Inc. v. Qualcomm Inc Authored by: Jeremy J. Gustrowsky A recent decision by the Federal Circuit has breathed new life into ParkerVision’s long-running patent dispute with Qualcomm over wireless communication technology. The court found that the lower district court…

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