Patent Law Weblog
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- CNIPA Issues Letter on Identity of Foreign Inventors
- REGENEXBIO Inc. v. Sarepta Therapeutics, Inc. (Fed. Cir. 2026)
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- 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 Andrew Williams — "You Can Arrange the Menu, the Venue, the Seating" The above slightly-modified quote is from a lyric sung by Thomas Jefferson in the Tony-award nominated musical "Hamilton" (with apologies to Lin Manual Miranda) — the song being one that highlights the behind-closed-doors political horse-trading that helped establish the young nation. Of…
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By Kevin E. Noonan — The Federal Circuit affirmed the latest invalidation of genetic diagnostic claims last week, in Genetic Technologies Ltd. v. Merial L.L.C. While consistent with (and expressly relying upon) recent Federal Circuit precedent on this question, this case presents additional aspects deleterious to genetic diagnostic method patent holders. The patent at issue,…
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By Anthony D. Sabatelli* — In an interesting case decided last month, the Federal Circuit ruled that it cannot address whether the U.S. Patent and Trademark Office's 2014 Interim Guidance on Patent Subject Matter Eligibility exceeds the scope of the Supreme Court's decisions in this area. This case was an appeal from a final decision…
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By Kevin E. Noonan — Early last month, the Federal Circuit addressed an important question regarding the interplay between a decision to institute inter partes review before the Patent Trial and Appeal Board and the ultimate determination by the Board regarding whether claims are invalid for the reasons contained in the petition, in TriVascular v.…
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By Kevin E. Noonan — Last Thursday, the Federal Circuit handed down its non-precedential decision in Purdue Pharma v. Depomed, reviewing the decision of the Patent Trial and Appeal Board on three related inter partes reviews. While not quite a unicorn, the PTAB decision was unusual in that it affirmed the validity of all claims…
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By Andrew Williams — Are communications between a patent agent and a client privileged? Up until last week, the Federal Circuit had not addressed the subject, although there had been a split with the district courts that had considered the issue. But, in In re Queen's University at Kingston, the Federal Circuit decided the question…
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By Joseph Herndon — On March 1, 2016, the Federal Circuit issued an opinion in a number of related appeals between Blue Calypso, LLC and Groupon, Inc. These related appeals arise from five Covered Business Method (CBM) reviews of five patents owned by Blue Calypso (U.S. Patent Nos. 7,664,516; 8,155,679; 8,457,670; 8,438,055; and 8,452,640). The…
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By Andrew Williams — According to the Federal Circuit website, the appeal from the Amgen Inc. v. Apotex Inc. case will be argued on April 4, 2016 in Courtroom 402. This case is an appeal from a decision by Judge Cohn of the Southern District of Florida ordering a preliminary injunction requiring Apotex to "provide…
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Antitrust Violation Found in Patent Infringement Litigation, and (Trebled) Attorney Fees for Defending Infringement Awarded as Damages By Joseph Herndon — On February 10, 2016, the Federal Circuit issued an opinion in a case captioned Transweb, LLC v. 3M Innovative Properties Company, 3M Company. 3M had sued TransWeb for infringement of several patents. TransWeb sued…
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Laches Bars Claim to Change Inventorship on Issued U.S. Patent By Joseph Herndon — On February 16, 2016, the Federal Circuit issued an opinion in a case captioned Hedwig Lismont v. Alexander Binzel Corp. This appeal arises from an inventorship dispute between Hedwig Lismont (Mr. Lismont) and Alexander Binzel Corp. (Binzel-USA), Alexander Binzel Schweisstechnik GmbH…
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