Court: Federal Circuit

The race to finality: securing US district court damages amid PTAB validity challenges

When it’s risky that a PTAB proceeding might catch up to wrangling over damages in district court, collaboration between litigators and PTAB counsel is key

03 July 2024

Teva to be investigated by FTC, ramping up scrutiny of Orange Book listings

Antitrust challenges against pharma patent strategies continue to escalate

02 July 2024

Federal Circuit’s latest skinny label decision is another headache for generics

Appellate court hands down guidance on induced infringement cases

28 June 2024

A closer look at the latest PTAB estoppel developments

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

As courts continue to shape and refine the metes and bounds of PTAB estoppel on subsequent invalidity challenges before the district courts and the USPTO, patent challengers should carefully consider their strategies for invalidating biotechnology and pharmaceutical patents.

24 June 2024

Comparison of Canadian and US approaches to patentability and infringement issues

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Canada and the United States share common characteristics in their legal systems, with many overlapping rules in patent law. However, inventors, patent holders and practitioners should also be aware of three fundamental differences that may have practical implications on IP strategy: whether a prior sale of a product bars patentability, the question of how similar a product could be without infringing on a patented invention and infringement in the context of the skinny-label pathway.

24 June 2024

US appeals court to weigh scope of prior art in PTAB cases

Lynk Labs Inc v Samsung Electronics Co questions the interpretation of patent applications as prior art printed publications, and the prior art date to be the application filing date

11 June 2024

Federal Circuit shuts the door on recovering IPR attorney fees

Dragon Intellectual Property v DISH Network is the latest in a series of precedential rulings since 2020 rejecting requests by litigants to recoup IPR attorney fees 

24 May 2024

Inventors, patent counsel alarmed about Sonos-Google prosecution laches appeal

Amicus briefs warn that Judge Alsup’s prosecution laches ruling against Sonos, if left standing in the Federal Circuit, will curb continuation application practice and harm innovators

18 April 2024

Significant rulings emerge in Federal Circuit Judge Pauline Newman disability proceeding

Most claims were dismissed but Judge Newman’s lawsuit will proceed on three facial constitutionality challenges to the judicial conduct and disability act

13 February 2024

Specialist Chapter: A Primer on US Litigation When It Comes to Software Patents

Featured in The Patent Litigation Review 2024

Subject-matter eligibility under 35 USC Section 101, means-plus-function construction under 35 USC Section 112, questions of joint infringement for the sale of the accused software and line-drawing between US infringement and extraterritorial activities are posing unique challenges in US software patent litigation.

30 January 2024

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