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Recent Posts
- IPR obviousness decision vacated and remanded as patent expired and Sumimoto had no “interest in any forward-looking exclusion” or past infringement by unlicensed sales (IPR addresses “patient” vs. population but not discussed here)
- DC grant of motion to dismiss due to 101 ineligibility affirmed (abstract idea, no “improvement in computer technologies”)
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- LNC’s unclean hands defense affirmed; no obviousness or inequitable conduct findings vacated and remanded
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Monthly Archives: May 2023
SCOTUS concludes Amgen’s anti-PCSK9 antibody claims not enabled
Amgen Inc. v. Sanofi, et al. Docket No. 2020-1074 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1074.OPINION.2-11-2021_1731739.pdf) PROST, LOURIE, HUGHES November 7, 2022 Update (original decision on February 11, 2021) Fourth Update (May 18, 2023): SCOTUS concludes Amgen’s specification does not support “’the entire genus’ of antibodies … Continue reading
Posted in Enablement
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Board IPR claim construction (even with harmless error) and obviousness determination affirmed
Bot M8 LLC v. Sony Interactive Entertainment LLC (USPTO as Intervenor) Docket No. 2022-1291 (IPR2020-00922) (https://cafc.uscourts.gov/opinions-orders/22-1291.OPINION.5-9-2023_2123766.pdf) DYK, BRYSON, PROST May 9, 2023 Brief Summary: Board IPR claim construction and obviousness determination affirmed; any error in claim construction found to … Continue reading
DC findings that Vanda’s method of treatment claims are invalid for obviousness affirmed
Vanda Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc. and Apotex, Inc. et al. Docket No. 2023-1247 (https://cafc.uscourts.gov/opinions-orders/23-1247.OPINION.5-10-2023_2124577.pdf) (Non-Precedential) DYK, BRYSON, PROST May 10, 2023 Brief Summary: DC obviousness findings regarding Vanda’s method of treatment claims affirmed. Summary: Teva and … Continue reading
IPR obviousness decision reversed as prior art not shown to be analogous to Sanofi’s claimed invention
Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc. Docket No. 2021-1981 (IPR2019-01657) (https://cafc.uscourts.gov/opinions-orders/21-1981.OPINION.5-9-2023_2123775.pdf) REYNA, MAYER, CUNNINGHAM May 9, 2023 Brief Summary: IPR decision finding Sanofi’s claims obvious reversed as Mylan did not show art relied upon was analogous to Sanofi’s … Continue reading
Posted in Analgous Art, Inter Parties Review (IPR), IPR, Obviousness
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DC inventorship decision reversed as contribution “not significant when measured against the scope of the full invention”
Hip, Inc. v. Hormel Foods Corporation Docket No. 2022-1696 (https://cafc.uscourts.gov/opinions-orders/22-1696.OPINION.5-2-2023_2120058.pdf) LOURIE, CLEVENGER, TARANTO May 2, 2023 Brief Summary: DC decision finding party should have been name a joint inventor reversed as contribution “not significant when measured against the scope … Continue reading
TTAB decision affirming rejection of mark for likelihood of confusion affirmed by FC panel
In re Charger Ventures LLC Docket No. 2022-1094 (https://cafc.uscourts.gov/opinions-orders/22-1094.OPINION.4-13-2023_2110336.pdf) PROST, REYNA, STARK April 13, 2023 Brief Summary: TTAB affirmance of examiner’s refusal to register mark due to likelihood of confusion affirmed. Summary: Charger appealed TTAB decision denying registration of … Continue reading
Posted in Trademarks
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Federal Circuit summaries 