PTAB Update | October 2025
USPTO Proposes Rule and Director Implements Policy Likely to Limit Multiple Patent Validity Challenges Ted M. Cannon On Friday, October 17, the USPTO published a proposed rule that, if implemented, would likely...
Derivation ≠ Interference: First to File Keeps Rights if Conception Was Independent
GLOBAL HEALTH SOLUTIONS LLC v. SELNER Before Stoll, Stark, and Goldberg (sitting by designation). Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit affirmed the Board’s rejection...
Limits of Inherent Anticipation in Product-By-Process Claims
RESTEM, LLC v. JADI CELL, LLC Before Moore, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Inherency in product-by-process claims requires the prior art process to...
Settlements Don’t Close the Door: Antitrust Claims Follow IPR Challenges in Life Sciences
In the ongoing case of Carefirst of Maryland Inc. v. Johnson & Johnson[1], the plaintiffs successfully overcame a motion to dismiss. At the heart of the case is J&J’s legal...
Ambiguous Phrase in a Patent Assignment Precludes Summary Judgment Regarding Standing
Core Optical Technologies, LLC v. Nokia Corporation
Before Dyk, Mayer, and Taranto. Appeal from the Central District of California.
Summary: Applying California law, the phrase “entirely on my own time” in an employment agreement was found ambiguous and therefore precluded summary judgment of no standing to sue for patent infringement.
Navigating the Regulatory Landscape: FDA Approval and Patent Protection for Software as a Medical Device
Software is increasingly used as a medical device, transforming the healthcare industry with the goal of improving patient outcomes. However, developing software as a medical device involves navigating complex and evolving regulatory frameworks. Regulatory frameworks can complicate the already complex problem of innovation in software and can often run roughshod over the distinctions between software, artificial intelligence, machine learning, and deep learning. Development in each of these areas is known to progress in leaps and pauses and can occur at any point from data collection to testing, design, development, or deployment. Yet as human involvement leads to opportunities for technological improvements, human touchpoints can also lead to mistakes and biases.
Stipulation of Non-Infringement Found Insufficient for Appeal
ALTERWAN, INC. V. AMAZON.COM, INC., AMAZON WEB SERVICES, INC.
Before Lourie, Dyk, and Stoll. Appeal from the United States District Court for the District of Delaware.
Summary: The Federal Circuit declined to reach the merits of a claim-construction appeal after finding the parties’ stipulation of non-infringement did not provide sufficient detail.
