Where Method Claim Steps Are Connected by “And,” a Covered Method Must Perform Each Step

SIERRA WIRELESS, ULC V. SISVEL S.P.A. Before Moore, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Board erred by finding method-claim steps connected by “and” to…

Pulling the Cord on Unstated Claims Limitations

IQRIS TECHNOLOGIES LLC v. POINT BLANK ENTERPRISES, INC. Before Lourie, Linn, and Stoll. Appeal from the United States District Court for the Southern District of Florida Summary: The district court…

District Court Finds the FDA Reasonably De-listed Eli Lilly’s Weight Loss Drug From Drug Shortage List

Congress authorized the FDA to determine whether a drug is “in shortage in the United States.” The FDA’s determination of a drug shortage triggers mechanisms designed to alleviate the shortage….

Federal Circuit’s Lashify Decision Expands “Domestic Industry” at the International Trade Commission

Lashify, Inc. v. International Trade Commission Before: Prost, Taranto, and Chen. Appeal from ITC Investigation. Summary: The Federal Circuit expands the economic prong of the domestic-industry analysis to include domestic…

Suspension of the Climate Change Mitigation Pilot Program: What Happens Now?

Effective January 28, 2025, the new administration suspended the Climate Change Mitigation Pilot Program (CCMPP) at the United States Patent and Trademark Office (USPTO).[1] The USPTO had instituted this program…

Global Market Size and Technological Advancements for Implantable Medical Devices Continue to Grow

A recent report by Precedence Research estimates the global market size for implantable medical devices will grow from USD 97.62 Billion in 2024 to USD 178.15 Billion by 2034: The rapid increase…

Collateral Estoppel Does Not Apply When the Prior Proceeding Applies a Lower Burden of Proof

KROY IP HOLDINGS, LLC v. GROUPON, INC. Before Prost, Reyna, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: Because there are different burdens of proof…

New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely

TRUDELL MED. INT’L INC. V. D R BURTON HEALTHCARE, LLC Before Moore, Chen, and Stoll. Appeal from the U.S. District Court for the Eastern District of North Carolina. Summary: The…

Every Word Counts: Specification Naming Conventions Can Limit Claim Scope

HD SILICON SOLUTIONS LLC v. MICROCHIP TECHNOLOGY INC. Before: Lourie, Stoll, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: A patent’s specification established a naming convention that applied…

Zimmer Biomet to Acquire Paragon 28

Zimmer Biomet recently announced entering a definitive agreement to acquire all outstanding common shares of Paragon 28. Under the agreement, Zimmer Biomet will pay $13.00 per share, valuing Paragon 28 at approximately $1.1 billion….

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