The Technology & Information Law Blog
Analysis by Charles Gideon Korrell
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Introduction The Federal Circuit recently issued a significant ruling in Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., clarifying how patent term extensions (PTEs) apply to reissued patents under the Hatch-Waxman Act. The court upheld the U.S. Patent and Trademark Office’s (PTO) decision to calculate the PTE for a reissued patent based on…
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On March 12, 2025, the Federal Circuit handed down its decision in Bullshine Distillery LLC v. Sazerac Brands, LLC, a case that highlights fundamental principles in trademark law, particularly the concepts of genericness and likelihood of confusion under the Lanham Act. The court affirmed the Trademark Trial and Appeal Board’s (TTAB) ruling that Sazerac’s FIREBALL…
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In its March 10, 2025 decision in Sierra Wireless, ULC v. Sisvel S.p.A., the Federal Circuit vacated a Patent Trial and Appeal Board (PTAB) decision due, in part, to the improper reliance on an expert witness who was not shown to possess the qualifications of a person of ordinary skill in the art (POSITA). For…
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The United States Court of Appeals for the Federal Circuit recently issued an opinion in CQV Co., Ltd. v. Merck Patent GmbH, vacating and remanding the Patent Trial and Appeal Board (PTAB) decision regarding U.S. Patent No. 10,647,861. The ruling focuses on key legal issues related to patent infringement, prior art determination, and procedural fairness…
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In a recent decision, the United States Court of Appeals for the Federal Circuit vacated a district court’s summary judgment ruling of noninfringement in IQRIS Technologies LLC v. Point Blank Enterprises, Inc., and National Molding, Inc. The ruling focuses on a dispute over the proper interpretation of the term “pull cord” in IQRIS Technologies’ patents…
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On March 7, 2025, the Federal Circuit issued its decision in AliveCor, Inc. v. Apple Inc., upholding the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) ruling that invalidated AliveCor’s patents on heart rate monitoring technology. The case has significant implications for the wearable technology industry, particularly in the areas of patentability,…
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On March 6, 2025, the Federal Circuit issued its opinion in ImmunoGen, Inc. v. Stewart, affirming the district court’s ruling that denied ImmunoGen’s patent application for a dosing regimen of its antibody drug conjugate (ADC), IMGN853. The court’s decision, rooted in key principles of intellectual property law, particularly focused on the doctrines of indefiniteness and…
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The Federal Circuit’s recent decision in Odyssey Logistics & Technology Corp. v. Stewart (No. 23-2077) highlights the ongoing implications of the Supreme Court’s Arthrex decision on the United States Patent and Trademark Office (USPTO) and its review processes. This case revolves around a long-disputed patent application, constitutional challenges under the Appointments Clause, and the procedural…
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On March 6, 2025, the United States Court of Appeals for the Federal Circuit issued a decision in Vandewater International Inc. v. United States, affirming the Department of Commerce’s determination that certain steel branch outlets imported by Vandewater fell within the scope of an existing antidumping duty (ADD) order. This ruling underscores the complex interplay…
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On March 5, 2025, the United States Court of Appeals for the Federal Circuit issued a decision in Lashify, Inc. v. International Trade Commission, a case concerning intellectual property rights in the context of international trade and the domestic industry requirement under Section 337 of the Tariff Act of 1930. The ruling has significant implications…