Patent Law Weblog
recent posts
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
- Oasis Tooling, Inc. v. Siemens Industry Software Inc. (Fed. Cir. 2026)
- Why AI Will Not Take Over the World
- BioNTech Sues Moderna over mRNA Vaccine Technology
- CNIPA Issues Letter on Identity of Foreign Inventors
about
Category: Federal Circuit
-
On April 28, the Court of Appeals for the Federal Circuit granted the petition for rehearing en banc submitted by Plaintiffs-Appellants Abbott Diabetes Care, Inc. (formerly Therasense, Inc.) and Abbott Laboratories in Therasense, Inc. v. Becton, Dickinson & Co. (see "Federal Circuit Grants En Banc Review in Therasense v. Becton Dickinson"). In response to requests…
-
By Andrew Williams — Last week, in Scantibodies Laboratory, Inc. v. Immutopics, Inc., the Federal Circuit affirmed a claim construction decision and corresponding summary judgment of non-infringement rendered by the U.S. District Court for the Central District of California. The patent at issue was U.S. Patent No. 6,689,566 ("the '566 patent"), "Methods, Kits, and…
-
By Kevin E. Noonan — Last week, the Court of Appeals for the Federal Circuit in Therasense Inc. v. Becton Dickinson & Co. issued an order granting plaintiffs' motion for rehearing en banc on the Court's previous affirmance that the patents-in-suit were unenforceable for inequitable conduct. In its order, the Court certified six questions…
-
By Andrew Williams — Last week, in ALZA Corp. v. Andrx Pharms., LLC, the Federal Circuit affirmed the U.S. District Court for the District of Delaware's decision that ALZA's patent related to treating Attention Deficit and Hyperactivity Disorder ("ADHD") was invalid for lack of enablement. ALZA markets the drug Concerta® for the treatment of…
-
By Donald Zuhn — On Monday, the Court of Appeals for the Federal Circuit decided that the appeal in Therasense, Inc. v. Becton, Dickinson & Co. warrants en banc consideration. In the Court's per curiam order, it noted that the panel that heard the appeal considered the petition for rehearing submitted by Plaintiffs-Appellants Abbott…
-
By Kevin E. Noonan — On April 14th, the Federal Circuit rendered a decision construing statutory language in a rather straightforward and unremarkable (albeit not unanimous) opinion. But the statutory language at issue involved the 2003 Medicare Prescription Drug Improvement and Modernization Act, which amended the 1984 Drug Price Competition and Patent Term Restoration…
-
By Donald Zuhn — On April 6, the Federal Circuit, in MedPointe Healthcare, Inc. v. Kozachuk, affirmed a decision of the District Court for the District of New Jersey enforcing a settlement agreement regarding the transfer of ownership of U.S. Patent Nos. 5,728,728, 5,942,540, and 6,515,019, which are directed to clinical uses of the…
-
By Kevin E. Noonan — It is a bedrock principle of patent practice that the U.S. Patent and Trademark Office gives the terms of claims under examination their broadest reasonable construction. The rationale is that, in this way, the applicant has the opportunity to argue or amend the claims to be as broad as…
-
By Donald Zuhn — On March 26, the Federal Circuit reversed the judgment of the District Court for the District of Connecticut that U.S. Patent Nos. 5,328,824 and 5,449,767 are invalid, affirmed the judgment of the District Court that U.S. Patent No. 5,476,928 is anticipated, and affirmed the judgment of the District Court that…
-
By Donald Zuhn — Earlier this month, the Federal Circuit, in In re Arora, affirmed a decision of the Board of Patent Appeals and Interferences affirming the rejection of claims 11-16 of Appellant Arun Arora's application as being obvious in view of U.S. Patent Nos. 6,978,286 and 5,934,273. Claims 11-16 of Dr. Arora's application…
Patent Docs 