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Fred Chung

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Fred J.W. Chung is an associate in the Intellectual Property Group in the firm's Silicon Valley office.

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In Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 2024-1061 (Fed. Cir. August 13, 2024), the Federal Circuit reversed the District Court of Delaware’s invalidity determination of certain claims of U.S. Patent No. 7,741,356 (“the ’356 patent”) for obviousness-type double patenting. The Federal Circuit also reversed the district court’s invalidity determination of certain claims of U.S. Patent Nos. 11,007,179 (“the ’179 patent”), 11,090,291 (“the ’291 patent”), 11,160,792 (“the ’792 patent”), and 11,311,516 (“the ’516 patent”) for lack of written description.Continue Reading Federal Circuit Emphasizes Role of Filing Dates, Reversing Obviousness-Type Double Patenting Invalidation

The Federal Circuit held that patent claims directed to storing and providing medical images over the web as “virtual views” were invalid under 35 U.S.C. § 101 because they involved nothing more than “converting data and using computers to collect, manipulate, and display the data,” and the amended complaint failed to plausibly allege that creating “virtual views” on the fly involved unconventional technology or a concrete application that would transform the abstract idea to significantly more.Continue Reading Federal Circuit Affirms Invalidation of Patents Manipulating Medical Imaging Data as Abstract

In H. Lundbeck A/S, et al. v. Lupin Ltd., et al., Nos. 2022-1194, 2022-1208, and 2022-1246 (December 7, 2023), the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents.Continue Reading Federal Circuit Affirms Skinny Label Carve Outs

In this case, the Federal Circuit determined the sufficiency of evidence to rebut a nexus between objective evidence and non-obviousness; and to establish the objective indicia of copying.Continue Reading Federal Circuit Clarifies Standards to Establish Nexus Between Objective Evidence and Non-Obviousness, and to Establish Copying in Medtronic et al. v. Teleflex Innovations

In Finjan LLC, FKA Finjan, Inc. v. SonicWall, Inc., No. 2022-1048 (Fed. Cir. Oct. 13, 2023), the Federal Circuit vacated a summary judgement of invalidity based on collateral estoppel, where the case that provided estoppel was subsequently vacated. The Federal Circuit also examined various arguments attempting to circumvent an agreed-upon claim construction as well as the district court’s application of that construction in finding non-infringement, and the propriety of excluding expert testimony that failed to analyze apportionment of sub-features of the accused products.Continue Reading Federal Circuit Vacates Invalidity Judgement Based on Collateral Estoppel from a Case Subsequently Vacated and Rebukes Plaintiff’s About-Face on Its Stipulated Claim Construction

In United Therapeutics Corp. v Liquidia Tech Inc., the Federal Circuit reviewed the district court’s decision on invalidity and infringement of two pharmaceutical patents and the impact of the Final Written Decision (FWD) in a parallel inter-partes review (IPR) upon the district court’s decision.Continue Reading Federal Circuit Evaluates Impact of the Final Written Decision (FWD) in a Parallel Inter-Partes Review (IPR) on District Court’s decision of Invalidity and Infringement

We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March 31, 2023.Continue Reading 2023 Federal Circuit Case Summaries