In an 8-2 en banc ruling, the Federal Circuit reversed the original panel’s ruling, holding that the district court abused its discretion in failing to exclude damages expert testimony and reversing the district court’s denial of a motion for new trial on damages. ...
In CQV Co. Ltd. v. Merck Patent GmbH, No. 23-1027 (Fed. Cir. March 10, 2025), the Federal Circuit vacated and remanded the Patent Trial and Appeal Board’s (PTAB) decision that upheld the validity of Merck Patent GmbH’s patent in a post-grant review (PGR) proceedings....
The Federal Circuit recently held that the written description requirement extends to the limiting preamble of a Jepson claim. In In re Xencor, Inc., Appel No. 2024-1870 (Fed. Cir. Mar. 13, 2025), the court affirmed the PTO’s written description rejections of a claim...
Question: Whether a prior final written decision of a Patent Trial and Appeal Board on the unpatentability of certain claims provides collateral estoppel to a district court in deciding the patentability of different but similar claims if the differences between the...
In DDR Holdings, LLC v. Priceline.com LLC and Booking.com B.V., Case Nos. 23-1176, -1177 (Fed. Cir. Dec. 9, 2024), the Federal Circuit affirmed a district court’s judgment of noninfringement, finding that deleting a portion of a definition between a provisional...
The Federal Circuit recently clarified the test for infringement of a system claim when the elements of the system are held by more than one entity. In CloudofChange, LLC v. NCR Corporation, Appeal No. 2023-1111 (Fed. Cir. Dec. 18, 2024) the Court held that not all...
The court in Eastern District of Virginia denied Defendant’s motion for a new trial on damages based on the court’s exclusion of testimony regarding the book of wisdom in Centripetal Networks, LLC v. Palo Alto Networks, Inc., 2:21-cv-00137 (EDVA, Oct. 30, 2024)....
The Federal Circuit recently held that a trial court is permitted to construe claims in deciding a Rule 12(b)(6) motion. In UTTO Inc. v. Metrotech Corp., Appeal No. 2023-1435 (Fed. Cir. Oct. 18, 2024), the Court rejected the plaintiff’s argument that claim...
The principle that claims are not necessarily limited to an embodiment described in the specification is well established. That cannon is not immutable, and unrecited features have been found to nevertheless limit a claim when, for example, the specification...
The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) recently reviewed a new issue not previously before it regarding whether a party was estopped from presenting invalidity arguments in district court after the Patent Trial and Appeal Board...