On December 10th, our Litigation Group took a look back at the past year’s significant Federal Circuit decisions and other recent developments in patent litigation, and discussed what they mean for the road ahead.
Topics included:
- Section 101 Motions, Practice, and Trends. We discussed the practices and trends of various district courts and analyzed how they fared with invalidating patents under Section 101 in the wake of the Supreme Court’s Alice decision. We also briefly reviewed certain post-Alice Federal Circuit decisions.
- Biotech/Pharma Developments: Section 271(e)(1) Safe Harborand the BPCIA. We looked at the recently issued Momenta decision and its impact on the current scope of safe harbor protection over various regulatory activity. We also discussed the Federal Circuit’s first decision on the merits of the Biologics Price Competition and Innovation Act (BPCIA) in Amgen v. Sandoz.
- Significant Federal Circuit Decisions. We looked back at some of the more significant Federal Circuit litigation-focused decisions issued this past year; we tackled issues including: Claim Construction Review. In the wake of the Supreme Court’s decision in Teva v. Sandoz, we looked at recent CAFC decisions applying the “clear error” standard to factual findings made during claim construction.
- IPR Issues. The Federal Circuit established in In re Cuozzo Speed Techs that it cannot review IPR institution decisions and that the “broadest reasonable interpretation” standard applies to IPR claim constructions.
- ITC Practice. We discussed ClearCorrect Operating v. ITC, which stripped the ITC of jurisdiction over the import of electronic data transmissions.
- Damages. We discussed damages related to extraterritorial activity and the Federal Circuit’s decision vacating in part a $1.5 billion damages award in Carnegie Mellon v. Marvell.
Speakers
Michael N. Rader
Shareholder and Co-Chair
Litigation Group at Wolf Greenfield
Gregory F. Corbett
Shareholder
Litigation Group at Wolf Greenfield
Chelsea A. Loughran
Associate
Litigation Group at Wolf Greenfield