In Medronic, Inc. v. Teleflex Life Sciences Limited, 2022-1721, 2022-1722 (Fed. Cir. Nov. 16, 2023), the Federal Circuit considered whether U.S. Patent RE46,116 (“the ’116 patent”) was entitled to an alleged priority date sufficient to moot Medtronic’s asserted pre-AIA §102(e) prior art reference, which depended on whether Medtronic had waived its challenged to Teleflex’s asserted priority date by attempting to incorporate those arguments by reference in its Inter Partes Review (“IPR”) petitions, and whether the USPTO Patent Trial and Appeal Board (“PTAB”) correctly found that Teleflex sufficiently demonstrated not only the date of conception, but also that the inventors had diligently reduced the claimed invention to practice.Continue Reading Federal Circuit Rebukes Attempt to Incorporate Arguments by Reference to a Related IPR Petition
Sofya Asatryan is an associate in the Intellectual Property Practice Group in the firm's San Diego (Del Mar) office.
In Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc. 2021-2299, 2021-2338 (Fed. Cir. Sept. 15, 2023), the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. It found that the lower court erred by failing to instruct the jury that “comparison prior art” must be tied to the same article of manufacture as that claimed.Continue Reading “Comparison Prior Art” Must Be Tied to the Same Article of Manufacture as That Claimed
The Federal Circuit vacated and remanded two Patent Trial and Appeal Board (“PTAB”) decisions because the PTAB erred in its obviousness analysis and found that Axonics failed to show a motivation to combine as to Medtronic’s ‘314 and ‘756 patents.Continue Reading Axonics v. Medtronic
The Federal Circuit reversed a Patent Trial and Appeal Board (“Board”) decision finding the challenged claims of Sanofi-Aventis’ ’614 patent unpatentable as obvious.Continue Reading Sanofi-Aventis Deutschlan GMBH v. Mylan Pharmaceuticals Inc.
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