Patent Law Weblog
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- BioNTech Sues Moderna over mRNA Vaccine Technology
- CNIPA Issues Letter on Identity of Foreign Inventors
- 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
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Category: Federal Circuit
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 11th annual list of top patent stories. For 2017, we identified nineteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 11th annual list of top patent stories. For 2017, we identified nineteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 11th annual list of top patent stories. For 2017, we identified nineteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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By Andrew Williams — Last June, in Sandoz Inc. v. Amgen Inc., the Supreme Court handed down its interpretation of the Biologics Price Competition and Innovation Act ("BPCIA") for the approval of biosimilar drugs. As we reported at the time, the Court held that the 180-day notice-of-commercial-marketing provision of the statute may be provided either before…
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By Andrew Williams — Last Spring, the Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC held that the word "resides" in the patent venue statute, 28 U.S.C. § 1400(b), "refers only to the State of incorporation" of the alleged infringer. Last month, the Federal Circuit in In re Micron concluded that…
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By Donald Zuhn — Earlier this fall, the Federal Circuit affirmed a decision by the District Court for the Western District of Missouri dismissing a complaint filed by Galen J. Suppes for lack of jurisdiction. In dismissing Mr. Suppes' complaint, the Federal Circuit concluded that neither the Constitution nor the Patent Act preclude or preempt…
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By Donald Zuhn — In an appeal decided last month, the Federal Circuit affirmed a decision by the District Court for the Southern District of Indiana finding claim 20 of U.S. Patent No. 8,435,944 to be invalid as obvious. The panel also affirmed the District Court's finding that claims 9 and 10 of U.S. Patent…
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By Kevin E. Noonan – Last Friday, the Federal Circuit granted a writ of mandamus to Micron Technology, Inc. involving their motion challenging venue in a patent infringement lawsuit brought by The President and Fellows of Harvard University. In granting the writ, the panel stated that the Federal Circuit intended to "clarify the basic legal framework…
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By Michael Borella — Mastermine brought a patent infringement action against Microsoft in the District of Minnesota. At issue were four claims of U.S. Patent No. 7,945,850 and three claims of U.S. Patent No. 8,429,518. After claim construction and indefiniteness rulings came down unfavorably for Mastermine, the parties agreed to a stipulated judgment of non-infringement and…
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By Kevin E. Noonan – Last month, the Federal Circuit rendered a decision in Amgen Inc. v. Sanofi that brought clarity to how the Court (and U.S. Patent and Trademark Office) should apply the written description requirement in 35 U.S.C. § 112(a) to properly circumscribe the scope of claims to monoclonal antibodies. As a bonus, the…
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