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)
about
Category: Federal Circuit
-
By Kevin E. Noonan — Last Friday, the Federal Circuit affirmed a decision by the District Court that Defendants Actavis LLC and Teva Pharmaceuticals did not show by clear and convincing evidence that the claims asserted by Endo Pharmaceuticals Inc. and Mallinckrodt LLC were obvious, in Endo Pharmaceuticals Inc. v. Actavis LLC, over a strong…
-
By Donald Zuhn — Last week, in Neptune Generics, LLC v. Eli Lilly & Co., the Federal Circuit affirmed a determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board in an inter partes review that claims 1-22 of U.S. Patent No. 7,772,209 were not unpatentable for obviousness. In affirming the Board's…
-
By Sherry M. Knowles — Athena Diagnostics filed a Petition for Rehearing of the CAFC decision in Athena Diagnostics v. Mayo on April 8, 2019. Amicus Briefs are due April 22, 2019. Patent Docs has reported on this decision, which continues to apply U.S. Supreme Court-created common law to the analysis of 35 U.S.C. §…
-
By Donald Zuhn — Last month, in Colas Solutions, Inc. v. Blacklidge Emulsions, Inc., the Federal Circuit affirmed determinations by the U.S. Patent and Trademark Office Patent Trial and Appeal Board in two inter partes reviews that certain claims of U.S. Patent Nos. 7,503,724 and 7,918,624 are not unpatentable in view of the prior art…
-
By Donald Zuhn — Last week, in Cleveland Clinic Foundation v. True Health Diagnostics LLC, the Federal Circuit affirmed a decision by the U.S. District Court for the Eastern District of Virginia holding claim 1 of U.S. Patent No. 9,575,065 and claims 1 and 2 of U.S. Patent No. 9,581,597 invalid under 35 U.S.C. §…
-
By Donald Zuhn — Last week, in Endo Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit reversed a decision by the U.S. District Court for the District of Delaware holding the claims of U.S. Patent No. 8,808,737 to be ineligible under 35 U.S.C. § 101. In reversing the District Court, the Federal Circuit…
-
By Kevin E. Noonan — Having been instructed once again by the Supreme Court that the Federal Circuit is not special when it comes to review of district court decisions (see, e.g., Teva Pharm. USA, Inc. v. Sandoz, Inc.), the Federal Circuit has increased the quantum of explanation it requires from district courts (and the…
-
Claims for Monitoring and Analyzing Suspicious Network Activity Found Patent Eligible By James Korenchan — In a precedential decision issued last week, the Federal Circuit affirmed the U.S. District Court for the District of Delaware's ruling that Plaintiff SRI International, Inc.'s ("SRI") claims related to network security are patent eligible. Years ago, SRI sued Defendant…
-
By Donald Zuhn — Last week, in Natural Alternatives International, Inc. v. Creative Compounds, LLC, the Federal Circuit reversed and remanded a decision by the U.S. District Court for the Southern District of California granting a motion for judgment on the pleadings filed by Creative Compounds, LLC that the asserted claims of U.S. Patent Nos.…
-
By Kevin E. Noonan — Patent law is known for its several challenges in sufficiently capturing an invention, tangible in form and substance, in words with all their limitations. Patent law is known for being littered with traps for the unwary. And patent law is replete with instances where claims are found unpatentable because they…
Patent Docs 