NOVARTIS PHARMACEUTICALS CORP. V. HEC PHARM CO., LTD.
Before Moore, Hughes, and Linn (dissenting). Appeal from the United States District Court for the District of Delaware.
Summary: Silence regarding the presence or absence of a limitation in a patent specification was not sufficient to provide written description support for a negative claim limitation.
Introduction
The Mayo/Alice subject-matter eligibility test has been a controversial topic since its creation. Many have argued that it leaves innovators, particularly in the software field, with uncertainty as to whether their advances are patentable. In American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, the Federal Circuit extended this uncertainty into the mechanical field.
UNIVERSITY OF MASSACHUSETTS v. L’ORÉAL S.A.
Before Prost, Mayer, and Taranto. Appeal from the United States District Court for the District of Delaware.
Summary: In claims of two patents regarding skin enhancement, the recited concentration of a compound that is applied to sub-topical dermal cells is measured at the point the compound is applied topically to the skin.
TIGER LILY VENTURES LTD. v. BARCLAYS CAPITAL INC.
Before Lourie, Bryson, and Prost. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board.
Summary: A trademark associated with a bankrupt company was not abandoned when the trademark continued to be used during bankruptcy and was the subject of active licenses.
Becton, Dickinson and Company (BD) has partnered with Mayo Clinic to gain access to de-identified patient data from Mayo Clinic Platform_Discover, as reported by a press release dated June 13, 2022. The platform includes data sets from 10 million patients.
It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to watch the market, pick a successful product, ship a sample to an overseas manufacturer, and sell the knockoffs once they arrive in port.
PAVO SOLUTIONS LLC v. KINGSTON TECHNOLOGY COMPANY, INC.
Before: Lourie, Prost, and Chen. Appeal from the United States District Court for the Central District of California.
Summary: A court can correct obvious minor typographical or clerical errors in claim language even when doing so would alter the claimed structure; reliance on such a clerical error is not a defense to willful infringement.
Medtronic plc and DaVita Inc. are joining forces to form a new, independent medical device company to provide enhanced kidney health care. The new company will focus on making different dialysis treatments more accessible to patients, especially at-home patients.
ARTHREX, INC. v. SMITH & NEPHEW, INC.
Before Moore, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: During vacancies of Director and Deputy Director of the U.S. Patent and Trademark Office, the Commissioner of Patents may exercise the Director’s authority to decide rehearing of inter partes review decisions without violating the Appointments Clause of the Constitution.
SIGA Technologies Inc., a New York-based pharmaceutical company, has received approval from the U.S. Food and Drug Administration (FDA) for an intravenous formulation of TPOXX (tecovirimat) for the treatment of smallpox. The U.S., Canada, and Europe have approved an oral formulation for treating smallpox, and Europe has also approved it for treating monkeypox and cowpox. The newly approved intravenous formulation provides an option for patients who are unable to swallow.
