Tag: CAFC
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Acorda v. Alkermes: When Alternative Theories Shut the Federal Circuit Door
The Federal Circuit’s July 2025 decision in Acorda Therapeutics, Inc. v. Alkermes PLC, No. 2023-2374 (Fed. Cir. July 25, 2025), is the latest reminder that most “non-patent patent cases” will not make it past the courthouse steps on Madison Place. The court held that it lacked jurisdiction to review Acorda’s challenge to an international arbitration…
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Sunkist v. Intrastate Distributors: When “Kissed” Isn’t Enough to Avoid Confusion
The Federal Circuit’s July 23, 2025 decision in Sunkist Growers, Inc. v. Intrastate Distributors, Inc., No. 24-1212, offers a crisp reminder that the TTAB cannot lean too heavily on isolated snippets of marketing material to infer the “commercial impression” of a trademark. In reversing the Board’s dismissal of Sunkist’s opposition to the KIST word mark…
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IGT v. Zynga: Institution Unreviewability Swallows Interference Estoppel (and Obviousness Stands)
The Federal Circuit’s decision in IGT v. Zynga Inc. delivers a one-two punch that will resonate in AIA practice: (1) the court affirmed the PTAB’s obviousness ruling; and (2) it refused to review the agency’s decision not to apply interference estoppel at institution. Read together, the opinion underscores just how muscular § 314(d)’s unreviewability has…
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Colibri Heart Valve LLC v. Medtronic CoreValve, LLC: Prosecution History Estoppel Bars Equivalents Infringement
In its July 18, 2025 opinion in Colibri Heart Valve LLC v. Medtronic CoreValve, LLC, the Federal Circuit reversed a $106 million jury verdict in favor of Colibri, holding that Colibri’s infringement theory under the doctrine of equivalents was barred by prosecution history estoppel. The case centered on a now-expired patent for a method of…
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Top Brand LLC v. Cozy Comfort Company LLC: Federal Circuit Reverses $18.5M Infringement Verdict Based on Design Patent Disclaimer and Weak Trademark Use
In a significant ruling that underscores the Federal Circuit’s evolving approach to design patent claim scope and the evidentiary burden in trademark cases, the court in Top Brand LLC v. Cozy Comfort Company LLC, No. 24-2191 (Fed. Cir. July 17, 2025), reversed a jury’s $18.5 million verdict for design patent and trademark infringement. Charles Gideon…
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Shockwave Medical v. Cardiovascular Systems: Federal Circuit Clarifies Use of AAPA and Reverses PTAB on Claim 5
In a significant decision issued on July 14, 2025, the Federal Circuit in Shockwave Medical, Inc. v. Cardiovascular Systems, Inc., Nos. 2023-1864, 2023-1940, affirmed the Patent Trial and Appeal Board’s finding that most of the claims of U.S. Patent No. 8,956,371 were unpatentable as obvious—but reversed the Board’s lone finding of non-obviousness, holding that claim…
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Janssen v. Teva: Federal Circuit Affirms Validity of Paliperidone Palmitate Dosing Regimen Patent
In a significant ruling for pharmaceutical patent litigation, the Federal Circuit in Janssen Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., Nos. 25-1228, 25-1252 (Fed. Cir. July 8, 2025), affirmed the district court’s determination that U.S. Patent No. 9,439,906 (“the ’906 patent”)—which claims specific dosing regimens for long-acting injectable formulations of the antipsychotic paliperidone palmitate—is not…
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Egenera, Inc. v. Cisco Systems, Inc.: Federal Circuit Affirms Noninfringement Verdict on All Asserted Claims
In a resounding victory for Cisco Systems, the Federal Circuit affirmed a district court’s ruling that Cisco’s Unified Computing System (“UCS”) does not infringe U.S. Patent No. 7,231,430, held by Egenera, Inc. The decision, issued on July 7, 2025, capped nearly a decade of litigation over Egenera’s patented “virtual processing area network” technology. The ruling…
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Eye Therapies, LLC v. Slayback Pharma, LLC: “Consisting Essentially Of” Precludes Other Active Ingredients
In a significant reversal for the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB), in Eye Therapies, LLC v. Slayback Pharma, LLC the Federal Circuit on June 30, 2025, held that the Board erred in its construction of the transitional claim phrase “consisting essentially of” as used in Eye Therapies, LLC’s U.S.…
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Realtek v. ITC: Federal Circuit Lacks Jurisdiction Over Section 337(h) Sanctions Appeal
In Realtek Semiconductor Corporation v. International Trade Commission, No. 23-1187 (Fed. Cir. June 18, 2025), the Federal Circuit dismissed Realtek’s appeal for lack of jurisdiction, holding that a denied sanctions request under Section 337(h) of the Tariff Act of 1930 is not reviewable by the Federal Circuit when it is not tied to a final…