Written by: Nickolas Taylor and Daniel Kiang AZURITY PHARMACEUTICALS, INC. v. ALKEM LABORATORIES LTD. Before Murphy, Moore, and Chen.  Appeal from the United States District Court for the District of Delaware. Summary: Arguments and amendments made during prosecution of a parent application can provide “clear and unmistakable” evidence of a disclaimer... Read More

Written by:Makoto Tsunozaki, Ph.D. and Jane Dai, Ph.D. We previously reported a decision by the U.S. Food and Drug Administration (FDA), denying the premarketing authorization of several flavored e-cigarette product.[1]  On April 2, 2025, the Supreme Court of the United States unanimously vacated and remanded the decision by the U.S.... Read More

Written by: Matthew S. Whitehead and Daniel Kiang ODYSSEY LOGISTICS & TECHNOLOGY CORP. v. STEWART Before Dyk, Reyna, and Stoll.  Appeal from the United States District Court for the Eastern District of Virginia. Summary: A patent applicant forfeited its Appointments Clause challenge by failing to raise the issue during its appeal... Read More

Written by:James Raleigh and Daniel Kiang IMMUNOGEN, INC. v. STEWART Before Lourie, Dyk, and Prost.  Appeal from the United States District Court for the Eastern District of Virginia. Summary: A solution to a problem can be obvious even when the problem itself was unknown in the prior art. ImmunoGen filed... Read More

Written by: Jae Jin Lee and Douglas B. Wentzel CQV CO., LTD. v. MERCK PATENT GMBH Before Cunningham, Chen, and Mayer.  Appeal from the Patent Trial and Appeal Board. Summary: The Board erred by failing to explain why it discarded material and unrebutted evidence that a reference constitutes prior art. CQV petitioned... Read More