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U.S. Circuit Judge Alan Lourie has urged the Federal Circuit to reconsider its precedent over a safe harbor that allows infringement when companies are developing products regulated by the U.S. Food and Drug Administration, and many attorneys agreed with him that the appeals court has been improperly expanding the safe harbor for decades.
On October 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) heard oral arguments in VLSI Technology LLC v. Intel Corporation, an appeal following the massive $2.175 billion damages verdict handed by a Western Texas jury in March 2021 to VLSI for Intel’s infringement of two computer processor patents.
The U.S. Supreme Court today denied the petition for certiorari brought by CareDX, Inc.in May asking it to review a 2022 decision holding certain claims of its patents directed to detection levels of donor cell-free DNA (cfDNA) in the blood of an organ transplant patient patent ineligible.
When Judge Pauline Newman helped create the U.S. Court of Appeals for the Federal Circuit in 1982 to have exclusive jurisdiction over patent cases, no one could have guessed the drama that would follow almost 40 years later. On this episode of Clause 8, I spoke with Newman's counsel and former clerk, Greg Dolin.
CAFC overturns two district court decisions in cases involving Philip Morris and Dell