WesternGeco LLC v. ION Geophysical Corp., 585 U.S. ___ (2018) In WesternGeco, the Supreme Court held that a plaintiff may recover foreign lost profit damages that occurred as a result of domestic infringement. The Court’s holding is relevant to instances where a domestic act of infringement leads to damages accrued in a foreign state. The opinion was delivered by Justice Thomas and joined by Chief Justice Roberts and Justices Kennedy, Ginsberg, Alito, Sotomayor, and Kagan.
Memorandum to Patent Examining Corps, Deputy Commissioner for Patent Examination Policy, United States Patent and Trademark Office, June 7, 2018 The USPTO has released a guidance memorandum to patent examiners regarding the Federal Circuit’s recent decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, 887 F.3d 1117 (Fed. Cir. 2018). The memo “addresses the limited question of how to evaluate the patent eligibility of ‘method of treatment claims’ in light of th
PGS Geophysical AS v. Iancu, No. 16-2470 (Fed. Cir. June 7, 2018) The Federal Circuit ruled that it has jurisdiction over pre-SAS inter partes reviews (IPRs) currently before the court, where the Patent Trial and Appeal Board (PTAB) instituted the proceeding on less than all claims and all grounds, as recently required by the Supreme Court in SAS Institute, Inc. v. Iamcu, 138 S. Ct. 1348 (2018). Moreover, the Court declined to sua sponte revive non-instituted claims and groun
ZeroClick, LLC, v. Apple Inc., No. 17-1267 (Fed. Cir. June 1, 2018) The Federal Circuit reversed the district court’s finding that the asserted claims in ZeroClick’s ’691 and ’443 patents were invalid for indefiniteness as having means-plus-function claims for which the specification did not disclose sufficient structure. The Federal Circuit held that the district court failed to undertake the relevant inquiry and factual findings when determining that the asserted claims co
UCB, Inc., et al. v. Accord Healthcare, Inc., et al., No. 16-2610 (Fed. Cir. May 23, 2018) In a 2-1 decision, the Federal Circuit upheld the District of Delaware’s finding that the asserted claims of the ’551 patent covering lacosamide (Vimpat®) are not invalid for obviousness-type double patenting, obviousness, and/or anticipation. The holding in UCB reaffirms the long-held notion that structural obviousness of chemical composition claims remains one of the most challenging