Federal Circuit issues clarifying opinion on Direct Infringement vs. Induced Infringement

The Federal Circuit recently clarified its interpretation of a major Supreme Court case involving direct infringement. In Akamai Technologies, Inc. v. Limelight Networks the Federal Circuit issued a new opinion that said direct infringement of a method claim “exists when all of the steps of the claim are performed by or attributed to a single […]

Novartis Wins Appeal for First Biosimilar to Go On Sale in US

Novartis International has won FDA approval for a biosimilar of an existing drug. The drug, a copy of Amgen’s Neupogen, is designed to boost white blood cell counts in certain patients. An abbreviated FDA approval pathway for biologic medical products that share most of their properties with an existing, approved biologic product was created by […]

Federal Circuit Restricts Patent Exhaustion Doctrine

In Helferich Patent Licensing v. NYTimes and JCPenney, the Federal Circuit restricted the scope of the patent exhaustion doctrine by holding that the doctrine only protects “authorized acquirers” of a device against patent infringement claims instead of putting the device itself outside the scope of patent protection. In Helferich, the Helferich company owned patents on […]

Federal Circuit: Independent Claim Preamble May Limit Dependent Claims

In Pacing Tech v. Garmin, the Federal Circuit construed the claim preamble of an independent claim of a patent to be limiting for the dependent claims as well. The preamble of the claim, which referred to “a repetitive motion pacing system,” was found to be limiting because it “served as an antecedent basis” for limitations […]