General Electric Company v. Raytheon Technologies Corporation Docket No. 2019-1319 (IPR2017-00428) (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1319.OPINION.12-28-2020_1707556.pdf) LOURIE, REYNA, HUGHES December 23, 2020 Brief Summary:  GE found to have standing due to a substantial risk of future infringement”; Board finding of no obviousness vacated and remanded (no teaching away; motivation to combine present). Summary:  GE appealed PTAB IPR decision finding the claims of Raytheon’s US 8,695,920 relating to methods “of designing a gas turbine engine” not invalid for obviousness.  The FC panel first found that GE had standing to appeal because it “alleged facts establishing that it is currently engaged in conduct creating…

Eli Lilly And Company v. Apotex, Inc. Docket No. 2020-1328 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1328.OPINION.12-21-2020_1705369.pdf) PROST, BRYSON, STOLL December 21, 2020 Non-precedential Brief Summary:  DC grant of SJ of infringement under DOE affirmed. Summary:  Apotex appealed DC grant of Lilly’s motion for summary judgment (SJ) of infringement of US 7,772,209 claiming methods of administering an antifolate, a particular methylmalonic acid lowering agent, and “an effective amount of pemetrexed disodium” (as in Lilly’s ALIMTA® product for mesothelioma and lung cancer) by Apotex’s ANDA, and that prosecution history estoppel (PHE) does not bar Lilly from asserting infringement under the doctrine of equivalents (DOE).  During…

Bracco Diagnostics Inc. v. Maia Pharmaceuticals, Inc. Docket No. 2020-1387 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1387.OPINION.12-17-2020_1703604.pdf) NEWMAN, O’MALLEY, TARANTO December 17, 2020 Non-precedential Brief Summary:  DC decision affirmed based on claim construction and Maia’s stipulation to infringement (e.g., technical construction errors “harmless”). Summary:  Maia appealed DC finding that its sincalide product (ANDA of Kinevac®) infringed Bracco’s US 6,803,046 based on the claim construction of the terms buffer, surfactant/solublizer, and surfactant.  The FC panel opinion explains that while “sincalide was originally introduced in 1976, the ‘046 patent purports to teach sincalide formulations that are ‘purer than prior art formulations, and have fewer degradants and…

Par Pharmaceutical, Inc. et al. v. Hospira, Inc. Docket No. 2020-1273 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1273.OPINION.11-23-2020_1689851.pdf) DYK, TARANTO, STOLL November 23, 2020 Non-precedential Brief Summary:  DC finding that Hospira’s ANDA infringed Par’s claims affirmed (e.g., “[w]hat a generic asks for an receives approval to market, if within the scope of a valid claim, is an infringement”). Summary:  Hospira appealed DC finding that its generic (ANDA) of Par’s Adrenalin® epinephrin injection infringed Par’s US Pat. Nos. 9,119,876 and 9,295,657 directed to compositions and methods of treatment, respectively.  The DC construed several claim terms and “determined that the sodium chloride permitted by Hospira’s ANDA…

Vectura Limited v. GlaxoSmithKline LLC et al. Docket No. 2020-1054 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1054.OPINION.11-19-2020_1688174.pdf) PROST, BRYSON, WALLACH November 19, 2020 Brief Summary:  DC finding that GSK’s inhaler composition infringe Vectura’s patent and the ~$90 million damages award affirmed. Summary:  GSK appealed jury finding it infringed Vectura’s US 8,303,991 directed to “[c]omposite active particles for use in a pharmaceutical composition for pulmonary administration” that include magnesium stearate, and the damages award.  Vectura alleged infringement by GSK’s Ellipta-brand inhalers (the Breo, Anoro, and Incruse devices) and awarded almost $90 million in damages (3% royalty on $2.99 billion in sales).  GSK’s “accused inhalers feature[]…

C. R. Bard, et al. v. AngioDynamics, Inc. Docket No. 2019-1756, -1934 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1756.OPINION.11-10-2020_1683097.pdf) REYNA, SCHALL, STOLL November 10, 2020 Brief Summary:  DC erroneously granted JMOL based on expert mistake and conclusion that printed matter made claims patent ineligible under section 101. Summary:  Bard appealed DC grant of judgment as a matter of law (JMOL) that the claims of three patents related to assemblies “for identifying a power injectable vascular access port” using “identifiable features” including a “radiographic marker perceivable via x-ray” were not infringed and invalid under section 101 for being directed to printed matter.  Dependent claims require…

SIPCO, LLC v. Emerson Electric Co. Docket No. 2018-1635 (CBM2016-00095) O’MALLEY, REYNA, CHEN September 25, 2019 Update (11/17/20):  FC panel explained that SCOTUS’ 2020 Thryv decision “makes clear that the threshold determination that SIPCO’s ‘842 patent qualifies for CBM review is a decision that is non-appealable under 35 U.S.C. 324(e)” and affirmed the Board’s unpatentability decision without reaching the Board’s decision of patent ineligibility (section 101) decision. (Decision:  http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-1635.OPINION.11-17-2020_1686726.pdf) Brief Summary:  PTAB determination of CBM eligibility reversed since, e.g., “SIPCO’s claims combine certain communication elements in a particular way to address a specific technical problem” (not a CBM case…

Donner Technology, LLC v. Pro Stage Gear, LLC Docket No. 2020-1104 (IPR2018-00708) (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1104.OPINION.11-9-2020_1682293.pdf) PROST, DYK, HUGHES November 9, 2020 Brief Summary:  Board IPR decision vacated and remanded as it “failed to properly identify and compare the purposes or problems” of the patent and the alleged analogous prior art. Summary:  Donner appealed USPTO (“Board”) rejecting its IPR challenge of Pro Stage’s US 6,459,023 relating to guitar effects pedalboards, finding the alleged prior art US patent (“Mullen”) not to be analogous art.  The FC panel opinion explains that the ‘023 patent “explained that there was…a need for ‘an improved pedal…

Chevron U.S.A. Inc. v. University of Wyoming Corp. et al. Docket No. 2019-1530 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1530.OPINION.11-4-2020_1680467.pdf) NEWMAN, LOURIE, SCHALL November 4, 2020 Brief Summary:  Board interference decision finding UW to be senior party affirmed based on proper claim construction. Summary:  Chevron appealed USPTO (“Board”) interference decision finding UW to be the senior party regarding the claimed subject matter of US 8,367,425 since Chevron was unable to show a sufficiently early “corroborated conception coupled with diligence”.  The FC panel explained that Chevron presented it “only one, narrow issue:  whether the Board erred in its construction of the limitation ‘gradually and continuously…

Corcamore, LLC v. SFM LLC Docket No. 2019-1526 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1526.OPINION.10-27-2020_1675813.pdf) PROST, REYNA, TARANTO October 27, 2020 Brief Summary:  SFM found to have standing to bring trademark cancellation request against Corcamore’s SPROUTS registration in connection with vending machines in view of SFM’s registration for retail grocery stores (e.g., “reasonable believe of damage”). Summary:  Corcamore appealed USPTO Board decision granting SFM’s request to cancel Corcamore’s SPROUTS registration in connection with vending machines in view of SFM’s registration of SPROUTS regarding retail grocery stores.  Corcamore argued the Board erred in applying the FC’s “analysis in Empresa Cubana, instead of the analytical framework…

TecSec, Inc. v. Adobe Inc., et al. Docket No. 2019-2192, -2258 PROST, REYNA, TARANTO October 23, 2020 Brief Summary:  DC incorrectly excluded evidence of induced infringement (“subjective bad faith”) but correctly found patent eligibility (“directed to improving a basic function of a computer”). Summary:  TecSec appealed DC finding direct infringement of its US 5,369,702; 5,680,452; 5,717,755; and 5,898,781 (“DCOM patents”, expired in October 2013) relating to multi-level security systems and its reduction of the jury’s damages award ($1.75 million) “to zero on the ground that there was no proof of any damages from direct infringement and the jury had rejected…

St. Jude Medical, LLC v. Snyders Heart Valve LLC (USPTO as Intervenor) Docket No. 2019-2108-9, -2140 (IPR2018-00105-00106) PROST, REYNA, TARANTO October 15, 2020 Brief Summary:  Board anticipation finding of certain claims reversed based on FC panel’s revised claim construction (claims “interpreted with an eye toward giving effect to all terms in the claim”). Summary:  St. Jude appealed Board IPR-105 and IPR-106 final written decisions (FWDs) finding St. Jude had not established unpatentability (anticipation) of some of the challenged claims of SHV’s US 6,540,782 directed to an artificial hear valve and system for inserting the valve.  In IPR-105, “the Board essentially…

Immunex Corp. v. Sanofi-Aventis U.S. LLC et al. (USPTO as Intervenor) Docket No. 2019-1749, -1777 (IPR2017-01879, -01884) PROST, REYNA, TARANTO October 13, 2020 Brief Summary:  Immunex appealed two IPR final written decisions (FWDs) invalidating the challenged claims of US 8,679,487 directed to human anti-IL4R antibodies (“”[a]n isolated human antibody…wherein the light chain…comprises the amino acid sequence of SEQ ID NO:10 and the heavy chain…comprises the amino acid sequence of SEQ ID NO:12”).  The FC panel opinion explains that “[t]his appeal concerns what ‘human antibody’ means in this patent…must a ‘human antibody’ be entirely human?  Or may it also be ‘partially…