This case addresses the validity of patents asserted against a high-density fiber optic equipment importer in violation of § 337. In particular, this case discusses enablement and claim construction as it relates to interpretation of open ended ranges and plural claim language.

Continue Reading FS.COM INC. v. International Trade Commission Corning Optical Communications LLC – Intervenor No. 22-1228 (Fed. Cir. Apr. 20, 2023)

This case concerns determining the prior art status of certain references in an inter partes review. The Federal Circuit considered whether the Patent Trial and Appeal Board (the “Board”) was correct in declining to consider the patent owner’s certain evidence not submitted in compliance with the Board’s rules and in making a determination regarding written description requirements.

Continue Reading Parus Holdings, Inc. v. Google LLC, No. 2022-1269, 2022-1270 (Fed. Cir. Jun. 12, 2023)

This case addresses the legal framework for determining whether prior art anticipates a claimed range. The appropriate legal framework applies a different test depending on whether the prior art discloses a point within the claimed range vs. a range overlapping the claimed range.

Continue Reading UCB, Inc. v. Actavis Laboratories UT, Inc. No. 2021-1924, (Fed. Cir. Apr. 12, 2023)

This case addresses the legal standard for inherent anticipation.

Background

The ’127 patent is directed to an invention that provides stable nucleic acid-lipid particles (“SNALP”) that have non-lamellar structure and

Continue Reading Arbutus Biopharma Corporation, FKA Protiva Biotherapeutics, Inc., v. Modernatx, Inc., FKA Moderna Therapeutics, Inc. No. 2020-1183 (Fed. Cir. April 11, 2023)