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 Kevin E. Noonan — The Federal Circuit's Ariosa v. Sequenom decision handed down earlier this summer marked the apex (or nadir, according to your prejudices) of the current trend to limit the scope of patent eligible subject matter. On Thursday, twelve amicus curiae briefs were filed in support of Sequenom's petition to the full…
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Standard Essential Patents Unenforceable on Theory of Indirect Infringement By Joseph Herndon — A recent decision by the Federal Circuit in JVC Kenwood Corp. v. Nero, Inc., decided August 17, 2015, involves nuanced details of standard-essential patents, but arrived at a common sense result: either the patents at issue are standard-essential and thus licensed by…
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By Donald Zuhn — Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted claims of U.S. Patent No. 6,258,540 (see "Ariosa Diagnostics, Inc. v. Sequenom, Inc. (Fed. Cir. 2015)"). Last week,…
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By Donald Zuhn — Last week, in Immersion Corp. v. HTC Corp., the Intellectual Property Owners Association (IPO) filed a brief as amicus curiae in support of Plaintiff-Appellant Immersion Corp. In that case, the District Court for the District of Delaware construed 35 U.S.C. § 120 to prohibit filing a continuation application on the day its…
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By Kevin E. Noonan & Michael Borella — The Federal Circuit handed down a unanimous en banc decision today regarding the interplay between literal infringement and induced infringement in Akamai Technologies Inc. v. Limelight Networks, Inc. On remand from a disapproving reversal by the Supreme Court, the en banc court took notice of the "opportunity"…
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By Andrew Williams — Earlier this week, we noted that parties wishing to challenge IPR Final Written Decisions from the PTAB on appeal to the Federal Circuit would face an uphill challenge. However, even if that challenge is extremely difficult, it is not necessarily futile. This was demonstrated by the Federal Circuit on June 16,…
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By Andrew Williams — One of the first IPR petitions ever filed, IPR2012-0006, was related to biotechnology — specifically DNA sequencing. Illumina, Inc. filed that petition, and two others, IPR2012-00007 and IPR2013-00011, against patents owned by The Trustees of Columbia University in the City of New York ("Columbia"). The PTAB issued its Final Written Decisions…
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By Andrew Williams — As we have been reporting this week, the Federal Circuit handed down its decision in Amgen Inc. v. Sandoz Inc. — a case of first impression relating to the Biologics Price Competition and Innovation Act ("BPCIA") for approval of biosimilar drug products. Unfortunately, the decision was, much like the BPCIA itself, anything…
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By Kevin E. Noonan — In a seriously fractured decision, the Federal Circuit construed the provisions of the Biologics Price Control and Innovation Act (BPCIA) today in Amgen v. Sandoz. In doing so, the Court limited the information available to biologic drug makers regarding a competitor's application for a biosimilar product (adopting Sandoz's argument). On…
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By Kevin E. Noonan — In a seriously fractured decision, the Federal Circuit construed the provisions of the Biologics Price Control and Innovation Act (BPCIA) today in Amgen v. Sandoz. In doing so, the Court limited the information available to biologic drug makers regarding a competitor's application for a biosimilar product (adopting Sandoz's argument). On…
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