Patent Law Weblog
recent posts
- REGENEXBIO Inc. v. Sarepta Therapeutics, Inc. (Fed. Cir. 2026)
- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
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Category: Federal Circuit
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Plus ça change, plus c'est la même chose By Kevin E. Noonan — Judge Moore, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC stated the obvious when she said in her dissent: My colleagues' refusal deflates the Amici's hopeful suggestion that our precedent leaves the eligibility of a diagnostic claim in front of the Federal Circuit…
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By Michael Borella — Can a prior art reference with an error be considered to be a disclosure of the erroneous teaching? A Federal Circuit panel split over this issue, with their disagreement largely based on how apparent the error would be to one skilled in the art. LG filed two Inter Partes Reviews (IPRs) against…
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By Kevin E. Noonan — Almost four years ago, in a relatively rare occurrence based on there being an insufficient factual record to permit proper appellate review, the Federal Circuit vacated a District Court decision rendering invalid the claims in five patents asserted by Tris Pharma, Inc. against Teva Laboratories FL, Inc. and remanded. The…
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By Kevin E. Noonan — The Federal Circuit today affirmed a decision by the District Court denying defendant Thales DIS AIS Deutschland USA's motion for preliminary injunction to prevent patentee plaintiff Koninklijke Philips N.V. from obtaining an exclusion order from the International Trade Commission (ITC) under Section 337 of the Tariff Act of 1930 (19…
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By Kevin E. Noonan — In reviewing (and reversing) the District Court's claim construction in University of Massachusetts v. L'Oreal S.A., the Federal Circuit availed itself of both the disclosure in the specification and the prosecution history to construe a limitation in a wherein clause, based on its determination that the term did not have…
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By Kevin E. Noonan — The Federal Circuit recently granted a panel rehearing and vacated a panel decision between these parties decided earlier this year (see Novartis Pharmaceuticals Corp. v. Accord Healthcare), and rendered a decision that reversed the District Court finding in that earlier opinion. To recap, the case arose in ANDA litigation over…
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By Kevin E. Noonan — Last month in Cornell Research Foundation, Inc. v. Vidal, the Federal Circuit affirmed the Patent Trial and Appeal Board's determinations in six inter partes review proceedings that invalidated the challenged claims for being obvious. The claims of the challenged patents were directed to methods for producing phytases (enzymes that help…
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By Kevin E. Noonan — The consequences of joint development agreements, particularly under circumstances where later development is pursued independently by the parties, can create, inter alia, allegations of improper ownership and infringement if the agreements do not contemplate these possibilities and account (or attempt to account) for them. Such was the case in the…
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By Kevin E. Noonan — Personal jurisdiction is one of those basic concepts in civil procedure that evokes strong memories in most lawyers, of their first year in law school, cases like International Shoe, Burger King, Helicopteros, and World-Wide Volkswagen, and perhaps even a bit of painful nostalgia for a time when they were maybe…
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By Donald Zuhn –- Earlier today, the Federal Circuit reversed the Final Written Decision, and reconsideration of that decision, by the U.S. Patent and Trademark Office Patent Trial and Appeal Board, which determined that claims 1-24 of U.S. Patent No. 8,952,138 were unpatentable under 35 U.S.C. § 103(a). The '138 patent is directed to methods…
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