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Charlotte Jacobsen  (Gibson, Dunn & Crutcher LLP) , Filko Prugo  (Ropes & Gray LLP) , Sarah Del Ciello  (Ropes & Gray LLP)
A Cautionary Tale for Assignment of Rights in U.S. Patents
August 17, 2021

In Omni MedSci, Inc. v. Apple Inc., ___ F.4th ___, Nos. 2020-1715, -1716 (Fed. Cir. Aug. 2, 2021), the U.S. Court of Appeals for the Federal Circuit held that the University of Michigan’s technology…

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Pamela C. Maloney  (Wolters Kluwer Legal & Regulatory US)
Patent case: Yu v. Apple Inc., USA
June 24, 2021

Patent asserted against Apple and Samsung merely claimed the abstract idea of taking two pictures and using those pictures to enhance each other in some way. A district court’s dismissal of…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
Patent case: Pirri v. Cheek, USA
April 12, 2021

Plaintiff’s arguments before the district court were often objectively unreasonable or frivolous; the frivolous nature of his appeal also warranted sanctions against plaintiff and his counsel of…

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Charlotte Jacobsen  (Gibson, Dunn & Crutcher LLP) , Filko Prugo  (Ropes & Gray LLP) , Dinis Cheian  (Ropes & Gray LLP)
U.S. Federal Circuit Continues To Pressure BioPharma For More When It Comes To Functional Claims
February 19, 2021

Biologic drugs, many of which are antibodies, represent an increasing share of the pharmaceutical market. In recent years, numerous broad functional patent claims directed at therapeutic antibodies…

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Thorsten Bausch  (Hoffmann Eitle)
The UPC and Democracy
January 20, 2021

Today (20 January 2021) seems to be a perfect day to celebrate democracy and the rule of law. I will therefore not keep you up for too long, but just wanted to make a short personal comment and a…

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Sheri A. Wattles-Miller
Patent case: St. Jude Medical LLC v. Snyders Heart Valve LLC, USA
October 28, 2020

St. Jude Medical failed to show that challenged claims of patent owned by Snyders had been anticipated by other patents, nor did it prove that a particular combination demonstrated obviousness.…

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Pamela C. Maloney  (Wolters Kluwer Legal & Regulatory US)
Patent case: Siemens Mobility Inc. v. Iancu, USA
October 09, 2020

PTAB did not err in its claim construction or obviousness findings in two IPRs filed by Westinghouse that challenged two Siemens patents. Substantial evidence supported two Patent Trial and Appeal…

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Charlotte Jacobsen  (Gibson, Dunn & Crutcher LLP) , Filko Prugo  (Ropes & Gray LLP) , Monica Ortel  (Ropes & Gray LLP)
Adding to the Uncertainty of Obviousness-Type Double Patenting
September 10, 2020

In Immunex Corp. et al. v. Sandoz Inc. et al., the Federal Circuit found that there was no obviousness-type double patenting because there was no “common ownership” of patents under an agreement…

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Nicole D. Prysby
Patent case: Association for Accessible Medicines v. Becerra, USA
August 30, 2020

Declarations from generic drug makers alleged only possible future injury from implementation of the 2019 law that created a presumption that so-called "pay for delay" settlement agreements are…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
Patent case: B/E Aerospace Inc. v. C&D Zodiac Inc., USA
July 14, 2020

The PTAB did not err in finding that airplane interior designers would have been motivated to combine prior art to arrive at the space-saving configuration disclosed by the challenged patents.…

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