ADAPT PHARMA OPERATIONS LTD. V. TEVA PHARMS. USA, INC.

Before Newman, Prost, and Stoll. Appeal from the United States District Court for the District of New Jersey.

Summary: Recent attempts by competitors to achieve patented technology, both before and after patent’s publication, not strong enough objective indicia of nonobviousness.

LARRY G. JUNKER V. MEDICAL COMPONENTS, INC.

Before Dyk, Reyna, and Stoll. Appeal from United States District Court for the Eastern District of Pennsylvania.

Summary: A letter containing specific delivery conditions, risk allocations, and payment terms may constitute a commercial offer for sale despite being sent in response to a “request for quotation.”

In addition to its significant efforts to fast track the approval of COVID-19 related devices, the FDA’s Center for Devices and Radiological Health (CDRH) has also maintained its high priority focus on supporting innovation of new medical devices in the United States.

IPR estoppel in district court proceedings applies to all claims and grounds which reasonably could have been included in the petition; a two-tier damage award providing a higher royalty for the same device at a different points in the supply chain was not permitted in the absence of compelling evidence.

Despite applying the standard of broadest reasonable construction, a claim term’s narrowed construction to refer to a specific detection method was proper in view of its exclusive use in the written description as referring to the specific method as well as its foundational relationship to the claims.

Construing a broad claim term to be re-defined as a disclosed species on a theory that the terms are interchangeable requires that the intrinsic record clearly manifest a departure from the term’s plain and ordinary meaning.

Conclusory statements about how a skilled artisan would combine embodiments in a prior art reference are insufficient to defeat a preliminary injunction.

Agreement to the definition of a term within settlement negotiations may create a binding, enforceable agreement as to that term, despite the absence of a finalized settlement agreement as to all terms.

Stylizing an otherwise generic character mark using ubiquitous lettering does not make it a source identifier.

NATURE SIMULATION SYSTEMS INC. v. AUTODESK, INC.

Before Newman, Lourie, and Dyk. Appeal from the United States District Court for the Northern District of California.

Summary: It was improper for the district court to find patent claims indefinite without considering the specification and prosecution history.