Federal Circuit, Patent Subject Matter Eligibility

Sanderling Management v. Snap — Federal Circuit Invalidates Promotional Content Distribution Patents Under § 101

The Federal Circuit affirmed that patents claiming a method for distributing digital promotional content—loading branding images when a user’s GPS location matches a specified geographic area—are directed to the abstract idea of providing information based on meeting a condition, and contain no inventive concept that transforms the claims into patent-eligible subject matter.

Federal Circuit, Utility Patent

Arbutus Biopharma v. ModernaTX — Federal Circuit Affirms Invalidity of mRNA Lipid Nanoparticle Patent

The Federal Circuit affirmed that Arbutus Biopharma’s patent on stable nucleic acid-lipid particles (SNALPs) with non-lamellar morphology was inherently anticipated by an earlier Arbutus patent, holding that when the same formulation process disclosed in both patents naturally produces the claimed morphological structure, anticipation is established even without an explicit description of that structure in the earlier patent.

Federal Circuit, Utility Patent

Intel v. PACT XPP Schweiz — Federal Circuit Reverses PTAB on Motivation to Combine in Multiprocessor Cache Patent

The Federal Circuit reversed the PTAB’s finding of no obviousness, holding that when two prior art references address the same technical problem and one provides a known technique for solving it, a skilled artisan would be motivated to combine them—the Board’s contrary conclusion contradicted the very logic of the KSR ‘known-technique’ rationale.

Federal Circuit, Utility Patent

Regents of University of Minnesota v. Gilead Sciences — Federal Circuit Affirms Invalidity of Antiviral Drug Patent for Lack of Written Description

The Federal Circuit affirmed the PTAB’s ruling that the University of Minnesota’s antiviral drug patent—directed to phosphoramidate prodrugs of nucleoside derivatives—lacked adequate written description support for its broad genus claims, because the patent’s specification disclosed only a ‘laundry list’ of chemical moieties without adequately describing the full scope of the compounds being claimed.

Federal Circuit, Utility Patent

Minerva Surgical v. Hologic — Federal Circuit Holds Trade Show Demonstration of Medical Device Prototype Triggers Public Use Bar

The Federal Circuit affirmed that Minerva Surgical’s demonstration of 15 fully functional endometrial ablation device prototypes at an industry trade show—more than a year before the patent’s priority date—triggered the public use bar of pre-AIA § 102(b) and invalidated the asserted patent claims, because the prototypes embodied every claim limitation and were demonstrated to sophisticated, unconstrained observers.

Federal Circuit, Patent Subject Matter Eligibility

ChromaDex v. Elysium Health — Federal Circuit Holds Isolated Vitamin B3 Supplement Patent Invalid Under § 101

The Federal Circuit affirmed that patent claims directed to isolated nicotinamide riboside (NR)—a form of vitamin B3 found naturally in cow’s milk—are directed to a natural phenomenon and ineligible under § 101, because the claims effectively read on milk with only the isolation step as a difference, and that step adds no inventive concept.

Federal Circuit, Utility Patent

Grace Instrument v. Chandler Instruments — Federal Circuit Vacates Indefiniteness Finding, Reaffirms Primacy of Intrinsic Record Over Dictionary Definitions

The Federal Circuit vacated a district court’s indefiniteness finding for a viscometer patent, holding that the intrinsic record — not dictionary definitions — governs claim construction, and that terms of degree are not indefinite when the specification provides adequate context for a skilled artisan.

Federal Circuit, Utility Patent

Genentech, Inc. v. Sandoz Inc. (2022) — Federal Circuit Holds Generic Drug Label Need Not Actively Promote Infringing Use to Support Inducement

The Federal Circuit affirmed that Sandoz’s generic pirfenidone label would not induce infringement of Genentech’s method-of-treatment patents, and also upheld invalidity of the liver function test patents as obvious, clarifying the inducement standard for drug labels in Hatch-Waxman litigation.

Design Patent, Federal Circuit

ABC Corp. I v. Partnership & Unincorporated Associations — Federal Circuit Vacates Hoverboard Design Patent Injunctions for Inadequate Infringement Analysis

The Federal Circuit issued two precedential opinions vacating preliminary injunctions in hoverboard design patent cases, holding that courts must conduct product-by-product infringement analysis under the ordinary observer test and properly account for prior art when evaluating likelihood of success.

Federal Circuit, Utility Patent

Nature Simulation Systems Inc. v. Autodesk, Inc. — Federal Circuit Rejects “Unanswered Questions” Standard for Indefiniteness, Clarifies § 112 Test

The Federal Circuit reversed an indefiniteness ruling against patents covering geometric meshing methods used in computer-aided design, holding that the district court applied an incorrect ‘unanswered questions’ test rather than the proper ‘reasonable certainty’ standard from Nautilus.

Federal Circuit, Trade Secret, Federal

Malvern Panalytical v. TA Instruments — Federal Circuit on Trade Secret Preemption and Copyright in Scientific Instruments

The Federal Circuit addressed trade secret and copyright claims arising from TA Instruments’ alleged misappropriation of Malvern Panalytical’s confidential algorithms and software for rheology instruments — affirming the district court’s rulings on preemption of state trade secret claims and the scope of copyright protection for scientific measurement software.

Federal Circuit, Utility Patent

Corcept Therapeutics v. Teva — Federal Circuit on Method of Treatment Patent Eligibility for Drug-Disease Interactions

The Federal Circuit affirmed infringement of Corcept Therapeutics’ method-of-treatment patents covering combination therapy using mifepristone with a strong CYP3A inhibitor — finding that Teva’s ANDA label induced infringement and rejecting Teva’s challenge to the skinny label carve-out strategy Corcept had prevented through its method claims.

Federal Circuit, Utility Patent

Kamstrup A/S v. Axioma Metering UAB — Federal Circuit Holds Product-By-Process Language Does Not Confer Patentability Without Structural Distinction from Prior Art

The Federal Circuit affirmed that product-by-process claim language — which defines a product in terms of the process used to make it — does not impart patentable weight unless the claimed process produces a product that is structurally and functionally different from the prior art.

Federal Circuit, Utility Patent

Realtime Adaptive Streaming LLC v. Netflix, Inc. — Federal Circuit Upholds Attorneys’ Fees Sanction for Forum-Shopping Through Voluntary Dismissal and Refiling

The Federal Circuit affirmed an award of attorneys’ fees under the court’s inherent equitable powers, holding that a patent owner’s voluntary dismissal from one district followed immediately by refiling the same case in a different district constituted bad-faith forum shopping that warranted sanctions.

Federal Circuit, Utility Patent

Koninklijke Philips N.V. v. Thales DIS AIS USA LLC — Federal Circuit Holds Speculative Customer Concerns Are Insufficient to Show Irreparable Harm for Preliminary Injunction

The Federal Circuit affirmed denial of a preliminary injunction, holding that speculative harms and generalized customer concerns about potential future harm do not constitute the concrete evidence of irreparable injury required to support preliminary patent injunctive relief.

Federal Circuit, Utility Patent

Centripetal Networks v. Cisco Systems — Federal Circuit Vacates $2.75 Billion Award After Judge’s Failure to Recuse Over Spouse’s Stock Ownership

The Federal Circuit vacated a $2.75 billion patent infringement judgment against Cisco, holding that the trial judge was disqualified from hearing the case after discovering his wife owned Cisco stock — placing the stock into a blind trust did not satisfy the federal recusal statute’s divestiture requirement.

Federal Circuit, Trade Secret, Federal

Provisur Technologies v. Weber — Federal Circuit on Trade Secret Misappropriation in Food Processing Equipment

The Federal Circuit addressed trade secret misappropriation claims between competing food processing equipment manufacturers — affirming the district court’s finding that Weber had misappropriated Provisur’s trade secrets through improper acquisition and use of confidential technical information about high-speed meat slicing systems, and upholding the damages award and injunction.

Federal Circuit, Utility Patent

Apple Inc. v. Ericsson — Federal Circuit Addresses FRAND Royalty Rate Determination for Standard-Essential Patents

The Federal Circuit addressed the methodology for determining FRAND royalty rates for standard-essential patents in a dispute between Apple and Ericsson over cellular connectivity patents, reviewing the district court’s FRAND determination and addressing how courts should calculate per-unit royalty rates for SEPs incorporated into technical standards used in billions of devices.

Federal Circuit, Utility Patent

Covidien v. Medtronic — Federal Circuit Addresses Assignor Estoppel After Minerva

The Federal Circuit applied the Supreme Court’s Minerva v. Hologic (2021) narrowed assignor estoppel framework to a medical device patent dispute, clarifying that assignor estoppel bars an inventor-assignee from challenging patent claims whose validity was implicitly warranted at assignment — but does not bar challenges to claim scope expansions made after assignment.

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