November 10, 2023

Federal Circuit Summary for Week Ending November 10, 2023

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Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC, No. 2022-1706; (November 7, 2023) (precedential) (3-0); Patent No. 10,149,820

Key point(s):

  • Where potential infringement liability is relied on as a basis for injury to show standing on appeal, the appellant must show concrete plans for future activity that creates a substantial risk of future infringement.


Actelion Pharmaceuticals LTD v. Mylan Pharmaceuticals INC., No. 2022-1889 (November 6, 2023) (precedential) (3-0); Patent Nos. 8,318,802 and 8,598,227

Key point(s):

  • Where proper claim construction cannot be reached without the aid of extrinsic evidence, the extrinsic evidence should be considered.

Related Team:

Payton Hashemi

Of Counsel