Suspension of the Climate Change Mitigation Pilot Program: What Happens Now?
Effective January 28, 2025, the new administration suspended the Climate Change Mitigation Pilot Program (CCMPP) at the United States Patent and Trademark Office (USPTO).[1] The USPTO had instituted this program...
Global Market Size and Technological Advancements for Implantable Medical Devices Continue to Grow
A recent report by Precedence Research estimates the global market size for implantable medical devices will grow from USD 97.62 Billion in 2024 to USD 178.15 Billion by 2034: The rapid increase...
Collateral Estoppel Does Not Apply When the Prior Proceeding Applies a Lower Burden of Proof
KROY IP HOLDINGS, LLC v. GROUPON, INC. Before Prost, Reyna, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: Because there are different burdens of proof...
New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely
TRUDELL MED. INT’L INC. V. D R BURTON HEALTHCARE, LLC Before Moore, Chen, and Stoll. Appeal from the U.S. District Court for the Eastern District of North Carolina. Summary: The...
Every Word Counts: Specification Naming Conventions Can Limit Claim Scope
HD SILICON SOLUTIONS LLC v. MICROCHIP TECHNOLOGY INC. Before: Lourie, Stoll, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: A patent’s specification established a naming convention that applied...
Zimmer Biomet to Acquire Paragon 28
Zimmer Biomet recently announced entering a definitive agreement to acquire all outstanding common shares of Paragon 28. Under the agreement, Zimmer Biomet will pay $13.00 per share, valuing Paragon 28 at approximately $1.1 billion....
Renewed Efforts in Congress for Pharmaceutical Patent Reform
With the recent convocation of the 119th Congress, a change in administration, and resignation of USPTO Director Vidal, pharmaceutical patent reform is likely on the minds of many in Washington....
Heading Towards an Optimistic Initial Public Offerings (IPOs) Resurgence in 2025?
On January 16th, 2025, GT Medical Technologies, announced that it has raised $37 million in Series D financing round. The financing round was led by Evidity Health Capital and joined...
Reversal on Reverse Doctrine of Equivalents
STEUBEN FOODS, INC. v. SHIBUYA HOPPMANN CORPORATION Before Moore, Hughes, and Cunningham. Appeal from the United States District Court for the District of Delaware. Summary: Conflicting expert testimony constituted substantial...
The Patent Trial and Appeal Board Has Jurisdiction Over IPRs Challenging Expired Patents
APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC. Before Lourie, Dyk, and Hughes. Appeals from the United States Patent and Trademark Office. Summary: The Patent Trial and Appeal Board has jurisdiction over IPRs concerning...
Stryker to Spin off Spinal Implants Business
Stryker, one of the world’s largest medtech companies, announced on January 28 that it would be selling its Spinal Implants business to Viscogliosi Brothers, a New York-based, family-owned investment firm founded...
FDA Issues Draft Guidance for the Use of Artificial Intelligence (AI) in Medical Devices and Drug Development
The Food and Drug Administration (FDA) has recently issued two draft guidance documents aimed at providing recommendations for the use of AI in medical devices and drug and biological product...
Stryker Acquires Inari Medical for $4.9 Billion
Stryker Corporation (“Stryker”) recently announced that it has entered into a definitive agreement to acquire Inari Medical, Inc. (“Inari”) for approximately $4.9 billion. Inari develops technologies and products for treating pulmonary embolism, deep vein thrombosis, in-stent...
A Published Patent Application Is IPR Prior Art as of Its Filing Date
LYNK LABS, INC. v. SAMSUNG ELECTRONICS CO., LTD. Before Lourie, Prost, and Stark Summary: In an IPR, a patent application is considered a “printed publication” as of the application’s filing...
A Patent Must Describe What Is Claimed, Not What Infringes
NOVARTIS PHARMACEUTICALS CORPORATION v. TORRENT PHARMA INC. Before Lourie, Prost, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A patent was not invalid for lack...
No Patent-Like Claims Under State Law
BearBox, LLC, Austin Storms, v. Lancium LLC, Michael T. McNamara, Raymond E. Cline, Jr. Before Chen, Bryson, and Stoll. Appeal from United States District Court for the District of Delaware....
Edwards v. Meril at the Supreme Court: Testing the Scope of Hatch-Waxman’s Safe Harbor
On October 11, 2024, Edwards[1] filed a petition for a writ of certiorari with the U.S. Supreme Court.[2] The question presented, as framed by Edwards, is: “Whether, under Hatch-Waxman’s safe...
Unsupported Expert Testimony Cannot Create a Genuine Issue of Material Fact
MIRROR WORLDS TECHS., LLC v. META PLATFORMS, INC. Before Prost, Taranto, and Stark. Appeal from the United States District Court for the Southern District of New York. Summary: Expert testimony...
Bound to Happen: Inherent Property Leaves No Question of Reasonable Expectation of Success
CYTIVA BIOPROCESS R&D AB V. JSR CORP. Before Prost, Taranto, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A claim limitation merely reciting an inherent property or...
“Quotation” Letter Found to Constitute Offer Invalidating Patents
CROWN PACKAGING TECHNOLOGY, INC. v. BELVAC PRODUCTION MACHINERY, INC. Before Dyk, Hughes, and Cunningham. Appeal from the United States District Court for the Western District of Virginia. Summary: An offer for...
An Award of Attorneys’ Fees and Costs Under 35 U.S.C. §285 Does Not Preclude Sanctions Pursuant to the Court’s Inherent Authority
PS PRODUCTS INC. V. PANTHER TRADING CO. INC. Before Moore, Stoll, and Cunningham. Appeal from the Eastern District of Arkansas. Summary: Section 285 does not prohibit an award of deterrence...