Late yesterday and today, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and two nonprecedential orders. In the precedential opinion, the court lifted an injunction and affirmed a judgment in a patent case appealed from the District of Delaware. In the two nonprecedential opinions, the Federal Circuit reversed judgments in patent cases appealed from the Patent Trial and Appeal Board. Finally, in the two nonprecedential orders, the Federal Circuit dismissed cases appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions and links to the orders.
Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals, LLC (Precedential)
Jazz Pharmaceuticals, Inc. (“Jazz”) appeals from an order of the United States District Court for the District of Delaware granting a motion for an injunction brought by Avadel CNS Pharmaceuticals, Inc. (“Avadel”). See Jazz Pharms., Inc. v. Avadel CNS Pharms., LLC, No. 21-cv00691, 2022 WL 17084371 (D. Del. Nov. 18, 2022) (“Decision”). The injunction directed Jazz to take measures to delist U.S. Patent 8,731,963 (“the ’963 patent”) from the U.S. Food and Drug Administration’s (“the FDA’s”) Approved Drug Products with Therapeutic Equivalence Evaluations publication, more colloquially known as the “Orange Book.” For the following reasons, we lift our stay of the injunction and affirm.
Intel Corporation v. Pact XPP Schweiz AG (Nonprecedential)
PACT XPP Schweiz AG owns U.S. Patent No. 9,436,631, which discloses and claims reconfigurable bus systems for transferring data between components of multiprocessor systems. On a petition for inter partes review filed by Intel Corp., the Patent and Trademark Office’s Patent Trial and Appeal Board instituted review and found claim 4 to be nonobvious. We reverse.
Intel Corporation v. Pact XPP Schweiz AG (Nonprecedential)
The Patent Trial and Appeal Board (“Board”) determined that Intel, Inc. (“Intel”) failed to prove certain challenged claims of U.S. Patent No. 9,552,047 (“the ’047 patent”) were unpatentable as obvious. Intel Corp. v. PACT XPP Schweiz AG, No. IPR2020-00539, Paper 35 (P.T.A.B. Sept. 8, 2021) (“’539 Final Written Decision”). We reverse.