Tag: Patents
Published 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 MoreFederal Circuit Clarifies Written Description for Drug Combination Patents
January 10, 2025
Novartis Pharms. Corp. v. Torrent Pharma Inc. (In re Entresto (Sacubitril_Valsartan)) Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision has important implications for pharmaceutical patents covering drug combinations, especially when new forms of those combinations are discovered after…
Read MorePatent Board Reversed: Motivation for Obviousness Doesn’t Have to Match Inventor’s Reason
January 2, 2025
Honeywell Int’l Inc. v. 3G Licensing, S.A. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit reversed the Patent Trial and Appeal Board’s (PTAB) finding that claims of U.S. Patent No. 7,319,718 were not obvious. The patent,…
Read MorePatents on Inhaler Devices Can’t Block Generics: Federal Circuit Clarifies Orange Book Listings
December 20, 2024
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…
Read MoreFederal Circuit Affirms No Infringement in Oracea® Generic Patent Dispute
December 6, 2024
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…
Read MoreFederal Circuit Clarifies When Inherency Makes Patent Claims Obvious in Cytiva v. JSR
December 4, 2024
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…
Read MoreFacebook Defeats Patent Claims Over News Feed and Timeline Features
December 4, 2024
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…
Read MoreForeign Antisuit Injunctions in SEP Disputes: Federal Circuit Clarifies When U.S. Courts Can Step In
October 24, 2024
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 –…
Read MoreWhen Is a “Single Action” Not Enough? Federal Circuit Clarifies Doctrine of Equivalents Proof Requirements
October 24, 2024
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…
Read MoreFederal Circuit Clarifies Double Patenting and Written Description in Allergan v. MSN Labs
October 8, 2024
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,…
Read MoreFalse “Patented” Claims Can Violate the Lanham Act, Says Federal Circuit in Crocs v. Effervescent
October 3, 2024
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…
Read MoreFederal Circuit Admonishes District Court for Deciding Patent Eligibility Issue That Neither Party Raised
September 18, 2024
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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