IN RE: MONOLITHIC POWER SYSTEMS, INC.
Before Lourie, Chen, and Stark. Per Curiam, Lourie Dissenting. On Petition for Writ of Mandamus from the United States District Court for the Western District of Texas.
Summary: The Federal Circuit denies mandamus for a factual-laden dispute on whether remote work employees meet the requirement of a “regular and established place of business”
On September 23, 2022, the Food and Drug Administration (FDA) published a draft guidance aimed to protect children who participate in clinical trials, titled Ethical Considerations for Clinical Investigations of Medical Products Involving Children. The draft guidance describes the FDA’s current position regarding ethical considerations for clinical investigations of drugs, biological products, and medical devices involving children.
COOPERATIVE ENTERTAINMENT, INC. v. KOLLECTIVE TECHNOLOGY, INC.
Before Moore, Lourie, and Stark. Appeal from the United States District Court for the Northern District of California.
Summary: Plausible allegations of an inventive concept in a complaint precludes a motion to dismiss for lack of patent eligibility because determining whether such a concept was well-understood, routine, or conventional was a question of fact that could not be resolved at the Rule 12(b)(6) stage.
PROVISUR TECHNOLOGIES, INC. v. WEBER, INC.
Before Prost, Reyna, and Stark. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB has an obligation to ensure that its logic is reasonably discernible from the record.
Weber petitioned for inter partes review of Provisur’s patent, arguing that the claims were invalid as obvious over multiple references. With its reply brief, Weber also submitted evidence that the digital camera disclosed in Weber’s references was the same type of camera claimed by Provisur’ patent.
Medtronic recently announced that its acquisition of Affera, Inc. has been completed. The acquisition was previously announced to be for $925 million with a $250 million contingency, as reported by MedCity News. Medtronic had previously been a strategic investor in Affera and, prior to the acquisition, owned a 3% interest in Affera as stated in a prior press release dated January 10, 2022.
POLARIS INNOVATIONS LIMITED v. BRENT
Before Prost, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board
Summary: Affirming the Board’s decision not to terminate case remanded under Arthrex I and upholding the Board’s claim construction.
The FDA has published new web pages about Monkeypox and medical devices. The new web page, titled Monkeypox and Medical Devices, includes information on diagnostic testing, Laboratory Developed Tests (LDTs), and information for test developers.
SAWSTOP HOLDING LLC V. VIDAL
Before Newman, Linn, and Chen. Appeal from the United States District Court for the Eastern District of Virginia
Summary: When a patent claim is subject to adverse determinations of patentability first before the PTO and again after appeal, the claim is not entitled to patent term adjustment for the period of the appeal even if the claim eventually issues after post-appeal prosecution and amendment.
Rather than simply reading radiological scans, Ibex Medical Analytics is employing its artificial intelligence (AI)-powered cancer detection solutions to assist pathologists in the lab. Ibex’s Galen Platform is a clinical-grade, multi-tissue platform that helps pathologists detect a variety of cancers and grade their malignancies.
ARENDI S.A.R.L. v. LG ELECTRONICS INC.
Before Prost, Chen, and Stoll. Appeal from the U.S. District Court for the District of Delaware.
Summary: Under the duplicative-litigation doctrine, a party cannot maintain two separate actions involving the same subject matter, at the same time, in the same court, and against the same defendant.
