An Alternative for Treating Mitral Regurgitation Receives Support for Ongoing Trial
Mitral regurgitation is the most common form of valvular heart disease and affects around 10% of Americans over 75. It occurs when the mitral valve, which is located between the left...
U.S. Supreme Court Defers to Agency Decision-Making in FDA’s Denial of Premarket Approval of Flavored E-Cigarette Products
We previously reported a decision by the U.S. Food and Drug Administration (FDA), denying the premarketing authorization of several flavored e-cigarette product.[1] On April 2, 2025, the Supreme Court of...
Traffix Jam – Technical Functionality Prevents Trademark Protection for the Color Pink
CERAMTEC GMBH v. COORSTEK BIOCERAMICS LLC Before Lourie, Taranto, and Stark. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary: A utility patent may...
Zoned Out: The Zone of Natural Expansion Doctrine Can Only Be Used Defensively
DOLLAR FINANCIAL GROUP, INC. v. BRITTEX FINANCIAL, INC. [OPINION] Before Prost, Taranto, and Hughes. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary: The...
Zydus Lifesciences in Discussions to Acquire Majority Stake in Amplitude Surgical for €256.8m ($277.4m)
Zydus Lifesciences Limited announced on March 11, 2025, that it entered into an agreement to acquire a majority stake in Amplitude Surgical. Reports state that Zydus Lifesciences has a tender offer agreement with PAI Partners,...
FDA Publishes Case Studies and User Guide for Rare Disease Drug Developers
Drug development programs face unique challenges in demonstrating the safety and effectiveness of drugs for treating rare diseases. The FDA’s Accelerating Rare disease Cures (ARC) Program started the Learning and...
Two Bills Introduced to Target “Patent Thickets” and “Product Hopping”
On March 17, 2025, a bipartisan group of senators introduced two bills intended to decrease the cost of prescription drugs. The sponsors include Chuck Grassley (R-Iowa), John Cornyn (R-Texas), Richard...
National Institutes of Health (NIH) Announces Plan to Centralize Peer Review Process
On March 6, 2025, the National Institutes of Health (NIH) announced plans to centralize peer review of all applications for grants, cooperative agreements and research and development contracts within its...
Using Technology and Empowering Communities to Mitigate Wildfire Risk – The Story of FlameMapper
In the latest episode of the Knobbe IP+ podcast, Knobbe Martens partner Mauricio Uribe speaks with Shea Broussard, Oliver Curtis, and Jim Kniss, the team behind FlameMapper, an AI-based solution...
Claims Reciting Material Properties of a Claimed Composition Withstand § 101 Scrutiny
US SYNTHETIC CORP. v. INTERNATIONAL TRADE COMMISSION Before Dyk, Chen, and Stoll. Appeal from the U.S. International Trade Commission. Summary: The Federal Circuit found claims reciting magnetic properties of a...
Boston Scientific Agrees to Acquire Sonivie Ltd. For up to $540 Million
Boston Scientific recently announced it entered into a definitive agreement to acquire SoniVie Ltd. According to the press release, SoniVie is a privately held medical device company that developed the TIVUS Intravascular Ultrasound System. SoniVie...
Inaction Can Lead To Argument Forfeiture on Appeal
ALIVECOR, INC. v. APPLE INC. Before Hughes, Linn, and Stark. Appeal from Patent Trial and Appeal Board Summary: A party in a PTAB proceeding forfeits the ability to challenge an...
Domestic Marketing and Distribution of an Imported Product May Satisfy the Economic Prong of the Domestic-Industry Requirement
LASHIFY, INC. V. ITC Before Prost, Taranto, and Chen. Appeal from the U.S. International Trade Commission. Summary: Warehousing, quality control, distribution, sales, and marketing expenses incurred in connection with an imported...
Limits of Inherent Anticipation in Product-By-Process Claims
RESTEM, LLC v. JADI CELL, LLC Before Moore, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Inherency in product-by-process claims requires the prior art process to...
Argument Forfeited When Raised for the First Time Fourteen Months After an Appeal
ODYSSEY LOGISTICS & TECHNOLOGY CORP. v. STEWART Before Dyk, Reyna, and Stoll. Appeal from the United States District Court for the Eastern District of Virginia. Summary: A patent applicant forfeited...
An Obvious Solution to an Unknown Problem?
IMMUNOGEN, INC. v. STEWART Before Lourie, Dyk, and Prost. Appeal from the United States District Court for the Eastern District of Virginia. Summary: A solution to a problem can...
Jepson Claim Preamble Requires Written Description Support for Conventional Aspects of the Invention
IN RE: XENCOR, INC. Before Hughes, Stark, and Schroeder (sitting by designation). Appeal from the U.S. Patent and Trademark Office, Patent Trial and Appeal Board. Summary: To provide adequate written...
IPR Standing Arguments Not Presented to the Board Are Forfeited
APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC Before Moore, Prost, and Stoll. Appeal from the Patent Trial And Appeal Board. Summary: A patent owner forfeits its argument that an IPR...
The Board Must Provide Reasoned Explanation When Discarding Material, Unrebutted Evidence
CQV CO., LTD. v. MERCK PATENT GMBH Before Cunningham, Chen, and Mayer. Appeal from the Patent Trial and Appeal Board. Summary: The Board erred by failing to explain why it discarded...
Where Method Claim Steps Are Connected by “And,” a Covered Method Must Perform Each Step
SIERRA WIRELESS, ULC V. SISVEL S.P.A. Before Moore, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Board erred by finding method-claim steps connected by “and” to...
Pulling the Cord on Unstated Claims Limitations
IQRIS TECHNOLOGIES LLC v. POINT BLANK ENTERPRISES, INC. Before Lourie, Linn, and Stoll. Appeal from the United States District Court for the Southern District of Florida Summary: The district court...