Speculative Plans Are Insufficient to Establish Standing in PTAB Appeals
INCYTE CORPORATION v. SUN PHARMACEUTICAL INDUSTRIES, INC. Before Moore, Hughes, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: Speculative plans for potentially infringing activity are insufficient to...
An Eye Toward Prosecution History
EYE THERAPIES, LLC v. SLAYBACK PHARMA LLC Before Taranto, Stoll and Scarsi (sitting by designation) Summary: The patent’s prosecution history required a restrictive interpretation of the term “consisting essentially of.”...
No Injury, No Appeal: Patent Owners Must Show Actual Injury for Article III Standing
DOLBY LABORATORIES LICENSING CORPORATION v. UNIFIED PATENTS, LLC Before Moore, Clevenger and Chen. Appeal from the Patent Trial and Appeal Board. Summary: A patent owner lacks Article III standing to...