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Limiting Terms in Preamble May Render Entire Preamble Limiting

BIO-RAD LABORATORIES, INC. v. 10X GENOMICS INC. Before Newman, O’Malley, and Taranto.  Appeal from the United States District Court for the District of Delaware. Summary...

Claims Covering Human Engineering That Exploits a Naturally-Occurring Phenomenon Are Patent Eligible

ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC. Before Lourie, Moore, and Reyna. Modified opinion following Ariosa rehearing petition. Summary: The Federal Circuit modified its earlier...

PTAB Trial Fees Increase 25% in October

AIA Trial Fees Increasing + New Pro Hac Fee The United States Patent and Trademark Office (USPTO) is increasing Patent and Patent Trial and Appeal Board (PTAB) fees for a second time...

The Definition of “Half-Liquid” Is Only Half Baked

IBSA INSTITUT BIOCHIMIQUE, S.A. V. TEVA PHARMACEUTICALS USA, INC. Before Prost, Reyna, and Hughes.  Appeal from the District Court of Delaware Summary: A term may be indefinite...

Fresh From the Bench: Latest Federal Circuit Court Case

CASE OF THE WEEK American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, Appeal No. 2018-1763 (Fed. Cir. July 31, 2020) In this week’s Case of the Week, the Federal...

Settlement by Amendment Scenario Thwarted in PTAB Rehearing Reversal Last March, I explained the strange scenario playing out in ZTE USA Inc., & LG... Read More »
With all the buzz about the California Consumer Privacy Act (“CCPA”), it seems easy for businesses to miss or overlook other important state legislation... Read More »
CASE OF THE WEEK Dana-Farber Cancer Institute, Inc. v. Ono Pharmaceutical Co., Ltd., Appeal No. 2019-2050 (Fed. Cir. July 14, 2020) In this week’s Case... Read More »
MAYBORN GROUP, LTD., MAYBORN USA, INC. v. INTERNATIONAL TRADE COMMISISION Before Lourie, Linn, and Wallach.  Appeal from the U.S. International Trade... Read More »
Roughly 10% of AIA Proceedings Involve Amendments Earlier this week the Patent Trial & Appeal Board (PTAB) released the sixth installment of its Motion to... Read More »
PACKET INTELLIGENCE LLC v. NETSCOUT SYSTEMS, INC. Before Lourie, Reyna, and Hughes.  Appeal from U.S. District Court for the Eastern District of Texas... Read More »
DANA-FARBER CANCER INSTITUTE v. ONO PHARMACEUTICAL CO., LTD. Before Newman, Lourie, and Stoll.  Appeal from the U.S. District Court for the District of... Read More »
41,686. That is the number of security incidents a recent Verizon study tracked across 86 countries and 73 data sources, as experts work to identify patterns in data... Read More »
UNILOC 2017 LLC, UNILOC USA, INC., UNILOC LUXEMBOURG S.A. v. APPLE, INC., ELECTRONIC FRONTIER FOUNDATION Before Prost, Mayer, and Taranto. Appeal from the United... Read More »
CASE OF THE WEEK Uniloc 2017 LLC v. Apple, Inc., Appeal Nos. 2019-1922, -1923, -1925, -1926 (Fed. Cir. July 9, 2020) This week’s case of the week... Read More »
Medtronic recently announced that it received clearance from the FDA and CE Mark approval for its LINQ II insertable cardiac monitor (ICM). The announcement notes... Read More »
IPR Joinder Decisions Unreviewable Post-Thryv? On July 8th, in Fitbit, Inc. v. Valencell, Inc., the Federal Circuit appeared to telegraph that it will vacate its... Read More »
FITBIT, INC. v. VALENCELL, INC. Before Newman, Dyk, and Reyna.  Appeal from Patent Trial and Appeal Board. Summary: Notwithstanding its rejection of the... Read More »
New Pilot May Not Accelerate Post-Grant Matters Last week the United States Patent and Trademark Office (USPTO) announced plans for the Patent Trial and Appeal... Read More »
IN RE BOLORO GLOBAL LIMITED Before Lourie, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: When administrative patent judges are... Read More »
When the California Consumer Privacy Act ("CCPA") passed, there were more than a few things that gave businesses pause – inconsistencies and typos... Read More »
CASE OF THE WEEK Immunex Corp. v. Sandoz Inc., Appeal No. 2020-1037 (Fed. Cir. July 1, 2020) In this Biologics Price Competition and Innovation Act case, the... Read More »
A large biotech company will maintain patent protection on one of its key products for the next several years following a federal court’s ruling that a... Read More »
House and Senate Judiciary Committees Alerted to “Significant and Rapidly Growing Problem” Earlier this month, a coalition of stakeholder... Read More »
ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC V. SHOPPERSCHOICE.COM, LLC Before PROST, DYK, and WALLACH. Appeal from the United States District Court for the... Read More »
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