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- DC dismissal of IPR institution decision action affirmed, reversed as to Apple’s improper USPTO rule-making argument
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Monthly Archives: October 2016
Profoot, Inc. v. Merck & Co., Inc.
Docket No. 2016-1216 PROST, TARANTO, HUGHES October 26, 2016 Non-precedential Brief Summary: DC construction and judgment based on claim construction affirmed basred in part on prosecution history of parental patent. Summary: ProFoot appealed DC stipulated judgment of noninfringement following claim … Continue reading
Swiss Pharma International AG v. Biogen IDEC
IPR2016-00915 October 20, 2016 Brief Summary: SP’s petition for IPR of US 8,349,321 directed to a particular formulation of natalizumab (marketed by Biogen IDEC as TYSABRI®) for obviousness denied. Summary: Swiss Pharma (SP) filed a petition for IPR of US … Continue reading
Posted in Inter Parties Review (IPR), IPR, Obviousness
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Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc.
Docket No. 2015-1977, -1986, -1987 LOURIE, DYK, HUGHES October 20, 2016 Brief Summary: Medtronic’s petition for rehearing following the PTAB (“Board”) decision to discontinue IPR denied as barred under 35 USC § 314(d) (IPR decision is “final and nonappealable”). Summary: … Continue reading
Posted in Inter Parties Review (IPR), IPR
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Poly-America, L.P. v. API Industries, Inc.
Docket No. 2016-1200 PROST, REYNA, HUGHES October 14, 2016 Brief Summary: DC claim construction based on “clear and unequivocal statements” in the specification and during prosecution affirmed. Summary: Poly-America appealed DC claim construction of the term “short seal” in US … Continue reading
In Re: Constantin Efthymiopoulos
Docket No. 2016-1003 PROST, NEWMAN (D), BRYSON October 18, 2016 Brief Summary: Board decision that claims to methods for administration of zanamavir by mouth inhalation (Relenza®) would have been obvious affirmed. Summary: Inventor CE appealed Board affirmance of Examiner’s obviousness … Continue reading
Posted in Obviousness
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Endo Pharmaceuticals Inc. and Strakan Int. S.A.R.L. v. Actavis Laboratories UT, Inc. (Watson)
Docket No. 2016-1146 MOORE, TARANTO, HUGHES October 14, 2016 Non-precedential Brief Summary: DC decision that patents related to Endo’s transdermal testosterone gel product Fortesta® would have not have been obvious affirmed. Summary: This opinion relates to Endo’s transdermal testosterone gel … Continue reading
Posted in Obviousness
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MIT, et al. v. Shire Pharmaceuticals, Inc. et al.
Docket No. 2015-1881 O’MALLEY, CHEN, STOLL October 13, 2016 Brief Summary: DC decision of infringement and no invalidity based on finding of no prosecution history estoppel or indefiniteness affirmed. Summary: MIT appealed DC claim construction after the parties stipulated to … Continue reading
FairWarning IP, LLC v. Iatric Systems, Inc.
Docket No. 2015-1985 LOURIE, PLAGER, STOLL October 11, 2016 Brief Summary: DC decision that claims are directed to patent-inelgible subject matter under § 101 affirmed (“nothing significantly more than an instruction to apply the abstract idea…using some unspecifieid, generic computer”). … Continue reading
Posted in Patentability
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Apple, Inc. v. Samsung Electronics Co., Ltd. et al.
En banc decision regarding Docket Nos. 2015-1171, 2015-1195, 2015-1994 PROST, DYK, REYNA October 7, 2016 Brief Summary: DC’s judgments regarding the ‘647, ‘721, and ‘172 patents were affirmed and reinstated and the original opinion vacated regarding the same (but not … Continue reading
Posted in Claim Construction, Infringement, Obviousness
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Coalition For Affordable Drugs II, LLC v. Cosmo Technologies Ltd.
IPR2015-00988 (U.S. Pat. No. 6,773,720 B1) Final Written Decision October 5, 2016 Brief Summary: CAD’s obviousness arguments regarding Shire’s US 6,773,720B1 relating to Lialda (5-ASA; used to treat Crohn’s disease and ulcerative colitis) found not to meet the preponderance of … Continue reading
Posted in Inter Parties Review (IPR), IPR, Obviousness
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Federal Circuit summaries 