Tag: Patents
Federal 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…
Read MorePatent Claims Don’t Have to Be Mutually Exclusive, Says Appeals Court in Catheter Patent Dispute
September 16, 2024
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…
Read MorePatent Claims for Action Cameras Survive Eligibility Challenge in Contour v. GoPro
September 9, 2024
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,…
Read MoreFederal Circuit Revives ParkerVision’s Patent Claims Against Qualcomm Over Wireless Chip Technology
September 6, 2024
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…
Read MoreExpert Testimony in Patent Cases: Timing of Experience Doesn’t Disqualify
September 4, 2024
Osseo Imaging, LLC v. Planmeca USA Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit clarifies an important point about expert testimony in patent cases: an expert does not need to have been a “person of…
Read MorePatent Owner’s Strategic Waiver Bars Second Shot at Apple’s Processors
August 28, 2024
Wis. Alumni Rsch. Found. v. Apple Inc Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights how strategic decisions in patent litigation can have long-lasting consequences. The Wisconsin Alumni Research Foundation (WARF) spent over a decade pursuing Apple…
Read MoreFederal Circuit Denies Dismissal Request After Issuing Opinion in Cisco v. K.Mizra
August 16, 2024
Cisco Sys., Inc. v. K.Mizra LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified what happens when parties try to dismiss an appeal after the court has already issued its opinion. The case involved Cisco…
Read MorePatent Appeal Dismissed: No Standing Without Real Threat of Infringement
August 16, 2024
Platinum Optics Tech. Inc. v. Viavi Sols. Inc. Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the importance of having a real and immediate threat of harm before a company can appeal a Patent Trial…
Read MoreVoice Commands for Remote Computer Control Deemed Obvious in Patent Challenge
August 1, 2024
Voice Tech. Corp. v. Unified Pats., LLC Authored by: Jeremy J. Gustrowsky A recent appellate decision has clarified the boundaries of patentability for technology that allows users to control computers remotely using voice commands from a mobile device. The patent…
Read MorePrivate Sales Don’t Count as “Public Disclosure” to Block Patent Prior Art
July 31, 2024
Sanho Corp. v. Kaijet Tech. Int’l Ltd Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision clarifies an important rule for inventors: selling your invention privately—even without a confidentiality agreement—does not count as “publicly disclosing” it for the purposes…
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