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Lin Names Sebela Ireland Ltd. v. Prinston Pharmaceutical Inc. as the Case of the Week

Reported by Eric Lin on

In his weekly summary of Federal Circuit activity, Eric Lin named Sebela Ireland Ltd. v. Prinston Pharmaceutical Inc. as his case of the week:

In this week’s featured case, the Federal Circuit resolved an interesting case where a patent-owner appellant appealed a district court judgment holding its patent claims invalid but asked the Federal Circuit to affirm invalidity. That perhaps surprising situation arose because the district court’s opinion supporting its judgment appeared to address multiple invalidity grounds, and the patent owner was seeking to protect against potential preclusive effects of some of those grounds. Ultimately, though, the Federal Circuit held that the district court had made only contingent findings rather than alternative holdings and dismissed the appeal for lack of constitutional standing.

Spotlight on Upcoming Oral Arguments – May 2021

Reported by Kaitlyn Pehrson on

Kaitlyn Pehrson summarizes upcoming oral arguments that will occur in the first week of May. Of the several cases Pehrson previews, Qualcomm Incorporated v. Apple Inc. should be an interesting case to watch:

Apple petitioned for IPR of U.S. Patent No. 8,063,674 (the “’674 patent”). The PTAB instituted review and held the challenged claims unpatentable based on a combination of applicant-admitted prior art (“AAPA”) and another reference. During the IPR, Qualcomm conceded that the combination teaches all elements of the challenged independent claims, but argued that, as a matter of law, AAPA from a patent’s specification should not be eligible for use in IPR proceedings. The PTAB rejected Qualcomm’s argument.

Welcome To The Next Era Of The Federal Circuit

Reported by Dani Kass on

Dani Kass provides an informative overview of how the makeup of the Federal Circuit will change in the near future:

President Joe Biden has already named Perkins Coie LLP partner Tiffany P. Cunningham to the Federal Circuit, a move that could pave the way for the appeals court’s first Black judge, but that nomination is expected to be just the beginning of fresh additions to the bench. Attorneys also say Judge Kimberly A. Moore, who is set to become the circuit’s chief judge May 22, is likely to bring a new level of energy to the top role.