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.

GILBERT P. HYATT v. UNITED STATES PATENT AND TRADEMARK OFFICE

Before Moore, Prost, and Hughes. Appeal from the District Court for the Eastern District of Virginia

Summary: For a patent application filed but not yet granted before the Uruguay Rounds Agreement Act (which changed patent terms to be 20 years from the effective filing date instead of 17 years from the grant date), a patentee’s failure to disclose species-altering amendments for decades triggered the applicant-action exception. Therefore, the Examiner was within his authority to impose a restriction requirement under that exception.

The Federal Circuit has affirmed that Eagle Pharmaceuticals, Inc. did not infringe Par Pharmaceutical, Inc. patents, easing Eagle’s path to market a generic competitor to Par’s Vasostrict®

BEST MEDICAL INTERNATIONAL, INC. v. ELEKTA INC.

Before Hughes, Linn, and Stoll. Appeal from the Patent Trial and Appeal Board.

Summary: Expert testimony was properly discounted when substantial evidence supported the Board’s finding that a POSA would have possessed experience that the expert was missing; there is no standing to appeal a claim’s unpatentability determination from an IPR when the claim is finally canceled during parallel ex parte re-examination prior to appealing the IPR determination.