February 11, 2022

Federal Circuit Summaries For Week Ending February 11, 2022

Nippon Shinyaku Co. v. Sarepta Theraputics, Inc., No. 2021-2369, (February 8, 2022) (precedential, 3-0)

Key point:

 A contract term restricting forums for patent validity challenges can block IPR proceedings
at the Patent Trial and Appeal Board.

Uniloc USA, Inc. v. Apple Inc., Nos. 2021-1568, -1569, -1570, -1571, -1573, (February 9, 2022) (precedential, 2-1)

Key points:

 In deciding whether to seal a document containing third party financial and licensing
information in a patent case, a district court must weigh the public’s right of access against
the interests of the third party in shielding such information from the public.

Junker v. Medical Components, Inc., No. 2021-1649, (February 10, 2022) (precedential, 3-0); Patent No. D450,839

Key point:

 A communication with commercial terms such as price, shipping arrangements and payment
terms may be a commercial offer for sale that triggers the on-sale bar of pre-AIA § 102(b).

Adapt Pharma Operations Ltd. v. Teva Pharm. Indus., Ltd., No. 2020-2106, (February 10, 2022) (precedential, 2-1); Patent Nos. 9,468,747; 9,561,177; 9,629,965; 9,775,838

Key point:

 Expert testimony is crucial for obviousness analysis in pharmaceutical cases.

Intuitive Surgical, Inc. v. Ethicon LLC., No. 2020-1481, (February 11, 2022) (precedential, 3-0); No. 2020-1480, 2020-1482 (non-precedential, 3-0); Patent No. 8,479,696

Key point:

 If a party files multiple IPRs at the same time against the same claim and a final written
decision is reached in at least one, but not all of the IPRs, that party must be dismissed from
the pending IPRs under § 315(e)(1).

Related Team:

Aaron Perkins