This Federal Circuit opinion addresses a district court’s decision granting plaintiff’s motion for a preliminary injunction.[1] Continue Reading Understanding Preliminary Injunction: A Review of a Recent Federal Circuit Decision
Understanding Constitutional Standing: A Review of a Recent Federal Circuit Decision
In Intellectual Tech v. Zebra Technologies 2022-2207 (Fed. Cir. May 1, 2024), the Federal Circuit addressed a district court’s determination that the patent owner plaintiff lacked constitutional standing because it was divested of all exclusionary rights over the patent at issue upon default.Continue Reading Understanding Constitutional Standing: A Review of a Recent Federal Circuit Decision
Anticipation and Obviousness in Patent Law: An Analysis of Recent IPR Decisions
In Incept v. Palette Life Sciences 21-2063, 21-2065 (Fed. Cir. Aug. 16, 2023), the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art.Continue Reading Anticipation and Obviousness in Patent Law: An Analysis of Recent IPR Decisions
Federal Circuit Grapples with What Constitutes Analogous Art
In Corephotonics, Ltd. v. Apple Inc., 2022-1340, 2022-1341 (Fed. Cir. October 16, 2023), the decision addresses the Patent Trial and Appeal Board’s (“Board” or “PTAB”) obviousness determinations in five final written decisions. Specifically, this decision concerns the Board committed procedural and substantive errors in concluding the prior art references at issue are analogous art.Continue Reading Federal Circuit Grapples with What Constitutes Analogous Art
Breaking down the Federal Circuits Reasoning in the Rembrandt vs Alere Patent Dispute
In Rembrandt Diagnostics, LP v. Alere, Inc. 2021-1796 (Fed. Cir. Aug. 11, 2023), the decision addresses the Patent Trial and Appeal Board’s obviousness determinations in an Inter Partes Review proceeding (IPR2016-01502), where the Board held the claims in the challenged patents unpatentable as obvious in view of the asserted prior art.Continue Reading Breaking down the Federal Circuits Reasoning in the Rembrandt vs Alere Patent Dispute
Yita LLC v. MacNeil IP LLC 2022-1373, 2022-1374 (Fed. Cir. June 6, 2023)
This decision addresses the PTAB’s secondary considerations analysis in an IPR Final Written Decision.Continue Reading Yita LLC v. MacNeil IP LLC 2022-1373, 2022-1374 (Fed. Cir. June 6, 2023)
2023 Federal Circuit Case Summaries
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