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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.

Teleflex announced on August 22, 2022 that it has reached an agreement to acquire Standard Bariatrics. Teleflex agreed to acquire Standard Bariatrics for a cash payment of $170 million at closing and could pay up to an additional $130M if Standard Bariatrics reaches certain commercial milestones.

IN RE KILLIAN

Before Taranto, Clevenger, and Chen. Appeal from the Patent Trial and Appeal Board.

Summary: Section 101 jurisprudence is still sound post-Dobbs. 

Boston Scientific announced on August 15, 2022, that it acquired Obsidio, Inc. for an undisclosed fee. Obsidio has technology called the Gel Embolic Material (GEM™), which is used in minimally invasive blood vessel embolization. According to its press release, Boston Scientific intends to expand its interventional oncology and embolization portfolios.

PAR PHARMACEUTICAL, INC. V. EAGLE PHARMACETICALS, INC.

Before Moore, Prost, and Hughes. Appeal from the United States District Court for the District of Delaware.

Summary: An ANDA was held not to infringe asserted claims because the ANDA specifies pH ranges that fall outside of those recited in the asserted claims.

IN RE: PALO ALTO NETWORKS, INC.

Before Dyk, Reyna, and Chen.

Summary: The USPTO policy of refusing to consider Requests for Director Rehearing of decisions denying institution of IPR and PGR does not violate the Appointments Clause of the Constitution.

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