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Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK In re: MaxPower Semiconductor, Inc., Appeal No. 2021-146 (Fed. Cir. Sept. 8, 2021) In its only precedential patent case this week, the Federal Circuit denied a...

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The World Intellectual Property Organization recently released its 2017 IP report entitled “Intangible Capital in Global Value Chains.” The report... Read More »
Inter-Partes Review (IPR) is known as an effective, relatively low cost (compared to district court litigation) and quick method used by defendants as a defense... Read More »
Inter-Partes Review (IPR) has become an integral part of patent defense strategy. However, our analysis of IPR institution rate shows that it has steadily been... Read More »
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. The Circuit affirms the decision in Secured Mail v. Universal to dismiss an infringement case... Read More »
In Amgen, Inc. v. Sanofi, Appeal no. 2017-1480 (Fed. Cir., Oct. 5, 2017) the Fed. Cir. panel reversed the district court’s finding that Amgen antibody patents... Read More »
In the first nine months of 2017, we saw a continued decline in patent litigation. District court litigation was down 15 percent to 2,921, compared to 3,418 in the... Read More »
Written by Jane Xia, Brenden S. Gingrich, Ph.D., and Joseph Reisman, Ph.D. The U.S. District Court for the District of Delaware recently handed down two important ... Read More »
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. In almost 150 pages and five separate opinions, a majority of an en banc Circuit remands to the... Read More »
Last September we released the top 25 petitioners in IPRs. Apple was atop the list with almost 5 percent of all cases filed. We reviewed all IPR cases again this year ... Read More »
Written by Marc Chatenay-Lapointe, Ph.D. and Agnes Juang, Ph.D. The recent district court ruling in INO Therapeutics LLC et al v. Praxair Distribution, Inc. et al ... Read More »
Oil States/CAFC to Unravel “Litigation” Premise Sovereign immunity from proceedings of the Patent Trial & Appeal Board (PTAB) has become... Read More »
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. Intercontinental v. Kellogg involves a fight between two food industry powerhouses, Kraft and... Read More »
On Tuesday, a Delaware district court judge ruled that a group of Mallinckrodt patents failed the Alice/(mostly)Mayo test as claiming a natural phenomenon. The... Read More »
Preserving The PTAB Trial Record An objection operates to preserve errors in admitting evidence. At the PTAB, the manner and timing of making evidentiary... Read More »
Please read my recent post about stage 1 of this proceeding, in which the Judge in 2016 found that the claims to diagnosing Myasthemia Gravis (MG) by adding MuSk to a ... Read More »
Written by Casey D. Donahoe, Ph.D. and Kerry S. Taylor, Ph.D. Hospira (owned by Pfizer) filed five IPR petitions against Genentech patents that Genentech asserted ... Read More »
Before reading this post, please read my post of July 19, 2017 about Millennium Pharms. v. Sandoz, and you will “get” the title. Judges Lourie and Newman... Read More »
Written by Damien Howard and Nathanael Luman, Ph.D. The PTAB recently designated as precedential its 2013 decision that assignor estoppel is not a defense for... Read More »
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. The Circuit issued only one precedential patent case this week, reversing a determination of... Read More »
In the 2003 panel decision in Schering Corp. v. Geneva Pharm., Inc., the panel rejected “the contention that inherent anticipation requires recognition [of the... Read More »
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