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Obviousness Win: Federal…

Obviousness Win: Federal Circuit Affirms Glucose Sensor Claims Unpatentable

The Federal Circuit (CAFC) affirmed a Patent Trial and Appeal Board (PTAB or Board) ruling that claims of DexCom, Inc.’s patent for implantable glucose sensors were unpatentable as obvious. As the court explained, This appeal involves implantable g… Read More
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Fourth Circuit Rules agai…

Fourth Circuit Rules against Sysco in Trade Secret Appeal

The Fourth Circuit has affirmed a ruling from a North Carolina district court dismissing trade secret claims, copyright claims, and other claims brought by the Taiwanese company Sysco against its American distributor. The case is Sysco Machinery Corp… Read More
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The High Cost of Cancelin…

The High Cost of Canceling: How Prosecution History Estoppel Killed a Heart Valve Infringement Claim

The Federal Circuit has overturned a $125 million patent judgment against Medtronic’s CoreValve unit for allegedly infringing a Colibri Heart Valve LLC patent. The court found that Colibri’s arguments and amendments barred Colibri’s ass… Read More
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"Consisting Essentially Of": Federal Circuit Upholds Atypical Claim Meaning Based on Prosecution History

The Federal Circuit has vacated an obviousness ruling by the Patent Trial and Appeal Board (PTAB or Board) that invalidated patent claims to methods of treating eye redness. The court found that the Board used an erroneous construction of the phrase… Read More
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Federal Circuit Reverses…

Federal Circuit Reverses Patent Board in X-Ray Magnification Case

The Federal Circuit reversed a Patent Trial and Appeal Board’s (PTAB or Board) determination that Carl Zeiss failed to prove that patent claims to X-ray imaging systems incorporating projection magnification were invalid as anticipated by a scienti… Read More
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Federal Circuit: Check De…

Federal Circuit: Check Depositing Too Abstract for Patent

The Federal Circuit has reversed a summary judgment ruling from a district court, finding that patent claims directed to the idea of depositing a check using a handheld device are abstract and thus unpatentable. The case is United Services Automobile… Read More
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Congress Reintroduces the…

Congress Reintroduces the Patent Eligibility Restoration Act and PREVAIL Act

On May 1, Senators Thom Tillis (R-NC) and Chris Coons (D-DE), with Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA), officially reintroduced the Patent Eligibility Restoration Act (PERA). PERA would eliminate judicial exceptions to patent e… Read More
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Federal Circuit Vacates I…

Federal Circuit Vacates Injunction against Narcolepsy Drug Research

The Federal Circuit has reversed in part and vacated in part a district court’s injunction that blocked Avadel CNS Pharmaceuticals from conducting clinical research and seeking regulatory approval for expanded uses of its once-nightly narcolepsy dr… Read More
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Federal Circuit Finds Mob…

Federal Circuit Finds Mobile Wallet Claims Indefinite

The Federal Circuit has affirmed a district court’s decision that patent claims to mobile wallet payment systems owned by Fintiv were invalid as indefinite under 35 U.S.C. 112(6). The case is Fintiv, Inc. v. PayPal Holdings, Inc. Fintiv sued PayPal… Read More
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Federal Circuit Invalidat…

Federal Circuit Invalidates “Sterile” Patent Claims

The Federal Circuit has affirmed decisions by the Patent Trial and Appeal Board (PTAB or Board) invalidating all challenged claims of two patents for a sterilized chlorhexidine product in an applicator package for disinfecting skin. The Federal Circu… Read More
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