“Configured To” Can Configure You Right Out of a Patent
Why Inventors Should Care About the Blue Buffalo Decision If you’re an inventor thinking about filing a patent, here’s a recent Federal Circuit decision you should care about—In re Blue…
Why IPR Decisions Don’t Preclude District Court Litigation
An Illustration from Life of Issue Preclusion The kids are fighting over something and bring it to me to resolve. I don’t really want to get involved in whatever they’re…
Discovery Gamesmanship Backfires: A Lesson in Playing Fast and Loose
The ol’ “Switcheroo”: One Argument in Discovery, the Opposite in Trial Every so often, the Federal Circuit hands down a decision that’s less about patents and more about human nature.…
Jazz Loses the Tune: Courts Strike a Sour Note on System Patents
Federal Circuit Draws New Limits on Injunctions and Orange Book Listings In a decision likely to affect the pharmaceutical industry, the Federal Circuit ruled in Jazz Pharmaceuticals, Inc. v. Avadel…
What Did Those Claims Consist Of?
This is a very weird case interpreting “consisting of”. The Federal Circuit recently affirmed a ruling of non-infringement in Azurity Pharmaceuticals v. Alkem Laboratories. Azurity had sued Alkem for allegedly…
Patent Like You Mean It, But Also Show the Structure
What Is Means-Plus-Function Claiming? Means-plus-function claiming is a way of writing a patent that describes what something does, not how it does it. For example, describing a machine that opens…
Federal Circuit Clarifies Limits on Prosecution Disclaimer Across Patent Families
Federal Circuit Limits Cross-Family Prosecution Disclaimer In Maquet Cardiovascular LLC v. Abiomed Inc., the Federal Circuit clarified prosecution history disclaimer across related patents. The court vacated a district court judgment…