Rose Esfandiari

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in Biofer S.p.A. v. Vifor (International) AG affirming a judgment of non-infringement by the U.S. District Court for the Eastern District of New York in favor of Swiss Pharmaceutical company, Vifor (International) AG. The dispute centered on the construction of a claimed pH range recited in a patent covering a process for producing iron-sugar complexes used to treat iron deficiency.

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in Netlist, Inc. v. Micron Technology, Inc., affirming a Patent Trial and Appeal Board (PTAB) final written decision that found all challenged claims of a Netlist computer memory patent unpatentable as obvious. The court rejected Netlist’s arguments that the Board’s findings lacked substantial evidentiary support and that the Board violated the Administrative Procedure Act (APA) in reaching its conclusions.

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision on Monday in Exelixis, Inc. v. MSN Laboratories Private Ltd., affirming a district court finding that certain patent claims covering a cancer treatment satisfy the written description requirement under 35 U.S.C. Section 112(a). The court also granted a motion to dismiss a separate portion of the appeal as moot and vacated the underlying district court judgment on that issue.

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision Friday that it lacks jurisdiction to hear an appeal filed by T-Mobile US, Inc. and T-Mobile USA, Inc. against KAIFI LLC arising from a dispute over a patent settlement agreement, transferring the case to the U.S. Court of Appeals for the Fifth Circuit. In T-Mobile US, Inc. v. KAIFI LLC, Circuit Judge Chen authored the opinion for a panel that included Circuit Judges Taranto and Schall, concluding that the underlying disagreement over settlement contract language did not necessarily raise a substantial question of patent law.

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued two decisions today in related appeals arising from inter partes review (IPR) proceedings between Apple Inc. and Smart Mobile Technologies LLC. In the case, Apple Inc. v. Smart Mobile Technologies LLC, the CAFC affirmed a Patent Trial and Appeal Board (PTAB) determination that Apple failed to prove certain claims of two Smart Mobile patents unpatentable as obvious, while vacating and remanding a separate portion of the same judgment that had found other claims obvious. In the companion appeal, the CAFC affirmed the PTAB’s decision rejecting Apple’s obviousness challenge to a third related patent. Circuit Judge Stark authored both opinions for a panel that included Circuit Judges Reyna and Hughes.