Patent Law Weblog
recent posts
- 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 Michael Borella — Apple filed a successful petition for Inter Partes Review (IPR) of Personal Web Technologies' U.S. Patent No. 7,802,310. In its final written decision, the Patent Trial and Appeal Board (PTAB) agreed with Apple's contention that the claims of the '310 patent were obvious. On appeal, the Federal Circuit reversed. Obviousness is one…
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By Kevin E. Noonan — The Federal Circuit, in its third opinion involving ANDA litigation between these parties over Shire's LIALDA® (mesalamine) product, has apparently brought this case to a close in generic drug maker Watson's favor, in a decision handed down last Friday. The lawsuit involved Watson's ANDA filing seeking approval for a generic…
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By Kevin E. Noonan — The Federal Circuit had the opportunity to provide guidance on a question now in its twilight: what is the standard for determining who is the true inventor under pre-AIA 35 U.S.C. § 102(f), in Cumberland Pharmaceuticals Inc. v. Mylan Institutional LLC. The question arose in ANDA litigation between patentee and…
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By Kevin E. Noonan — From the nadir of the Supreme Court's allegations that the Federal Circuit "fundamentally misunderstood" the law of inducing infringement in Limelight Networks, Inc. v. Akamai Technologies, Inc., the nation's specialized patent appellate court has crafted a two-prong test for assessing when the actions of more than a single actor amount…
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USPTO's Conclusion of Obviousness Rendered Primary Reference Unsatisfactory for Intended Purpose By Joseph Herndon — In a nonprecedential opinion, the Federal Circuit vacated a decision by the Board and remanded the case on appeal from the USPTO. This appeal arose from a decision of the Patent Trial and Appeal Board in an ex parte reexamination,…
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By Andrew Williams — Can any petitioner appeal a Board's final written decision from an inter partes review or post grant review proceeding? Contrary to the language of 35 U.S.C. § 141(c) which permits any party "who is dissatisfied with" the Board's decision to appeal the case to the Federal Circuit, most practitioners believed that…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty 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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"Intuitive" to Combine Insufficient to Support Obviousness Rejection By Joseph Herndon — The Federal Circuit recently issued a decision in an appeal from the U.S. Patent and Trademark Office Patent Trial and Appeal Board in a case captioned In re Marcel Van Os, Freddy Allen Anzures, Scott Forstall, Greg Christie, and Imran Chaudhri. The appellants,…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty 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 tenth annual list of top patent stories. For 2016, we identified twenty 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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