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.
YITA LLC V. MACNEIL IP LLC
Before Taranto, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: Evidence of commercial success that relates entirely to an individual claim element that was disclosed in the prior art cannot support a finding of non-obviousness.
On June 6, 2023, Merck & Co. filed a lawsuit against the U.S. government in federal court over the Inflation Reduction Act (IRA)’s Medicare drug price negotiation program, which allows Medicare to directly negotiate prices with drugmakers. The suit is the first attempt by a pharmaceutical company to challenge the IRA’s Medicare drug price negotiation program.
