As retailers or distributors that are not manufacturers of a product, companies may believe they cannot infringe a patent claiming how the product is made. After all, the retailers or distributors are not performing any steps of the patented manufacturing process. The companies may have no say in, or even be aware of how the product is manufactured. The companies may conclude they are insulated from liability based simply on being downstream from the manufacturing process.
On August 22-23, 2023, the FDA will conduct an Advisory Committee Meeting to discuss, make recommendations, and vote on renal denervation devices (e.g., devices indicated to reduce blood pressure in patients with hypertension).
INGURAN, LLC, DBA STGENETICS v. ABS GLOBAL, INC., GENUS PLC
Before Lourie, Bryson, and Reyna. Appeal from the United States District Court for the Western District of Wisconsin.
Summary: Claim preclusion does not bar an induced infringement claim that did not exist at the time of the earlier action.
Presidio Medical, Inc. announced that the company successfully concluded a Series C funding round, raising a total of $72 million. The round was led by Deerfield Management, Invus Opportunities, Action Potential Venture Capital, and ShangBay Capital. David Neustaedter, venture partner at Deerfield, joined Presidio’s board in connection with the financing.
On June 5, 2023, Conformal Medical Inc., developer of a left atrial appendage occlusion system, announced a successful Series D funding round, raising a total of $35 million. The round was led by SPRIG Equity with participation from all major Series C investors.
Neuralink, the biotechnology company founded by Elon Musk, has received approval from the U.S. Food and Drug Administration (FDA) to commence human trials of its implantable brain-computer interface device. Recruitment for the clinical trial has not yet started.
BLUE GENTIAN, LLC v. TRISTAR PRODUCTS, INC Before Prost, Chen, and Stark. Appeal from the United States District Court for the District of New Jersey. Summary: Alleged joint inventor contributed…
On June 5, 2023, GE HealthCare announced the FDA 510(k) clearance of Sonic DL™. GE HealthCare reports that Sonic DL™ is a deep learning-based technology intended to capture cardiac MRI images within a single heartbeat.
PARUS HOLDINGS, INC. V. GOOGLE LLC
Before Lourie, Bryson, and Reyna. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board.
Summary: PTAB did not err in declining to consider evidence in IPR that was incorporated by reference without adequate explanation.
In Sanofi-Aventis Deutschland GmbH v. Mylan Pharm. Inc., Case No. 2021-1981, the Federal Circuit reversed an obviousness determination by the PTAB. At issue was Sanofi’s reissued U.S. Patent No. RE47,614 (the ’614 patent), directed to a drug delivery device. The PTAB had found Sanofi’s drug delivery patent to be obvious in view of three prior art references: Burren, Venezia, and de Gennes.
