In Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc. No. 2022-1889, __ F.4th ____ (Fed. Cir. Nov. 6, 2023), the case addresses whether a district court needs to consider the extrinsic evidence when the intrinsic record does not sufficiently render the term non-ambiguous.Continue Reading Federal Circuit Opines on Whether Intrinsic Record Alone is Sufficient to Inform Claim Construction
This case addresses the requirements necessary to establish a prima facie case to correct inventorship under 35 U.S.C. § 256.Continue Reading HIP Inc. v. Hormel Foods Corp. No. 2022-1696, _ F.4th ___ (Fed. Cir. May 2, 2023)
In Medytox, Inc. v. Galderma S.A. No. 2022-1165, __ F.4th ____ (Fed. Cir. June 27, 2023), the case addresses: (i) whether Medytox’s proposed substitute claims introduce new matter, and satisfy the written description and enablement requirements and (ii) whether “the Board’s revision of its claim construction [position]. . . made between a preliminary guidance and a final written decision (“FWD”) violates the Administrative Procedure Act (“APA”).”Continue Reading Federal Circuit Weighs in on Whether the PTAB Can Revise its Claim Construction Between Institution and Final Decision
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