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Uniloc 2017 LLC v. Facebook Inc. , Appeal Nos. 2019-1688, -1689 (Fed. Cir. Mar. 9, 2021) In this week’s Case of the Week, Uniloc appealed from two consolidated IPR decisions finding multiple claims unpatentable as obvious. The Federal Circuit affirmed, addressing several discrete issues. It first addressed the foremost issue of “whether 35 U.S.C § 314(d)’s ‘No Appeal’ provision bars this court’s review of the Board’s conclusion that under ‎§ 315(e)(1) a ‎petitioner is not estopped from maintaining the IPR proceeding before it.” Next, the Court addressed multiple challe...

Amgen Inc. v. Sanofi , Appeal No. 2020-1074 (Fed. Cir. Feb. 11, 2021) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s JMOL ruling that asserted claims of two related pharmaceutical patents were invalid because their shared specification did not enable the full scope of the claims. The patents were directed to synthetic antibodies used in high cholesterol treatments that operate by binding to specified amino acids (or “residues”) of enzyme PCSK9, thereby blocking PCSK9 from binding to LDL cholesterol receptors (“LDLR”) and permitting those receptors...