Wyatt Pc

In its only precedential patent opinion last week, the Federal Circuit affirmed a preliminary injunction that largely prohibits the use, manufacture, or sale of NeoGenomics’ “RaDaR” assay for cancer remission, and agreed that Natera had shown a likelihood of success on its claim that RaDaR had infringed its U.S. Patent No. 11,519,035. In its opinion, the Court discussed considerations relating to Natera’s likelihood of success, irreparable harm, and the public interest. Among other items, the Court provided noteworthy guidance on an accused infringer’s burden to show invalidity at the preliminary injunction stage, as well as how an injunction may be tailored to avoid public harm when it prohibits the use or sale of healthcare products.

In its recent decision, Becerra v. San Carlos Apache, No. 23-250, the U.S. Supreme Court ruled the Indian Self Determination and Education Assistance Act ( ISDEAA ), 25 U.S.C. § 5301 et seq., requires the Indian Health Service ( IHS ) to cover certain costs incurred by tribes and ISDEAA tribal entities that operate healthcare facilitates.

Our case of the week focuses on the inherent power of the district courts to investigate fraud and misconduct. The Chief Judge of the District of Delaware commenced an investigation against patent monetization firms that brought several lawsuits in Delaware, and ultimately ordered a Texas-based representative to appear in person to testify. When the representative failed to appear, the Court issued a contempt order and sanctions. This appeal followed. Notably, the underlying cases had both been dismissed. Accordingly, the Federal Circuit appointed an attorney from Hogan Lovells to represent the interests of the District of Delaware for purposes of the appeal.

Our Case of the Week provided new guidance on amendment proceedings under the Patent Trial and Appeal Board’s 2019 Motion to Amend Pilot Program in AIA post-grant proceedings. The program allows for preliminary Board feedback and revisions to a patentee’s motion to amend disputed claims. In these cross-appeals from an inter partes

Mobile Acuity Ltd. v. Blippar Ltd., Appeal No. 2022-2216 (Fed. Cir. Aug. 6, 2024) In its only precedential patent opinion last week,...

Allergan USA, Inc. v. MSN Laboratories Private Ltd., Appeal No. 2024-1061 (Fed. Cir. August 13, 2024)

In its only precedential patent decision this week, the Federal Circuit helped clarify which facts may be considered by a district court in its “exceptional case” determination to award attorneys’ fees pursuant to Section 285.

Wisconsin Alumni Research Foundation v. Apple Inc., Appeal Nos. 2022-1884, -1886 (Fed. Cir. Aug. 28, 2024)

On Friday, August 23, the Small Business Administration issued a proposed rule that would significantly change the SBA’s HUBZone small business contracting program and other small business programs, including the 8(a) Program and the All Small Mentor-Protégé Program.

On Friday, August 23, the Small Business Administration issued a proposed rule that would significantly change the SBA’s HUBZone small business contracting program and other small business programs, including the 8(a) Program and the All Small Mentor-Protégé Program.