Fed Circuit Watch: Written Description From Earlier-Filed PCT with Species Claim Sufficient Support for Later-Filed Genus Claim

102 112 fed circuit watch patent PCT pre-AIA priority Written Description

On March 14, 2018, the Court of Appeals for the Federal Circuit ruled on Hologic, Inc. v. Smith & Nephew, Inc.,[1] which deals with many areas in patents, including foreign applications, priority claims, 35 U.S.C. §103, 35 U.S.C. §112, and pre-AIA treatment for examination.  This case was heard before a panel composing of Judges Newman, …

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Fed Circuit Watch: PTAB Not Bound by Fed Circuit Precedent

102 112 collateral estoppel fed circuit watch patent Written Description

On March 1, 2018, in a fairly convoluted and highly fractured decision, the Court of Appeals for the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) was not bound to collateral estoppel principles which form a long line of Fed Circuit case precedence.  That case is Knowles Elecs. LLC v. Cirrus Logic, …

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Fed Circuit Watch: Distribution Agreement Is Offer for Sale for On-Sale Bar Analysis

102 fed circuit watch on-sale bar patent

  On February 6, 2018, an interesting ruling was handed down by the Court of Appeals for the Federal Circuit.  In The Medicines Co. v. Hospira, Inc.,[1] the Fed Circuit held that a distribution agreement could constitute an on-sale bar for purposes of §102 invalidation.  This appeal is a further remand of an earlier en …

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Fed Circuit Watch: Improved Smartphone Display Interface Found Patent-Eligible

101 102 fed circuit watch patent

On January 25, 2018, the Court of Appeals for the Federal Circuit ruled claims directed to improved display interface for cell phones was patent-eligible under 35 U.S.C. §101 in Core Wireless Licensing S.a.r.l. v. LG Electronics, Inc.[1]  This case represents the second precedential one of the year where claims have been found patent-eligible by a …

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Fed Circuit Watch: Helsinn Redux: En Banc Denied

102 AIA fed circuit watch on-sale bar patent

On January 16, 2018, in a non-precedential per curiam order (the order was not published, but was made available from our colleagues at the Patently-O blog), the United States Court of Appeals for the Federal Circuit issued an order denying Helsinn’s petition for rehearing and en banc rehearing. Judge O’Malley, a member of the original …

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Fed Circuit Watch: Helsinn and the On-Sale Bar

102 AIA on-sale bar patent pre-AIA

By Brent T. Yonehara On May 1, 2017, the Federal Circuit Court of Appeals decided Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 2016-1284, 2016-1787 (Fed. Cir. 2017), holding that the on-sale bar of pre-AIA 35 U.S.C. § 102(b) invalidated four patents held by Helsinn, for treatment of chemotherapy-induced nausea and vomiting (CINV). The patents …

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