November 24, 2023

Federal Circuit Summary for Week Ending November 24, 2023

Download PDF

Jager Pro, Inc. v. W-W Manufacturing Co., Inc., Nos. 2022-1710, 2022-1711 (November 20,2023) (nonprecedential); U.S. Patent Nos. 9,814,228 and 10,098,339

Key point(s):

  • Evidence of objective indicia of nonobviousness is accorded substantial weight only when such evidence has a nexus with the claims, and the patent owner bears the burden of showing such nexus exists.
  • The patent owner is entitled to a rebuttable presumption of nexus when the evidence is tied to a specific product and that product embodies and is coextensive with the claimed features.

Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc., No. 2022-1482 (November 21, 2023) (precedential) (3-0); U.S. Patent No. 9,693,961

Key point(s):

  • The PTAB has authority to issue a Final Written Decision after the statutory deadline.
  • If a post grant review proceeding is not finished by the PTAB’s statutory deadline, a party should timely file a mandamus appeal to the Federal Circuit, not wait for the deadline to pass and the ruling to come down and then complain about the delay when it receives an adverse PTAB decision.

Universal Life Church Monastery Storehouse v. American Marriage Ministries, No. 2022-1744 (November 22, 2023) (nonprecedential)

Key point(s):

  • The TTAB has an established waiver practice: If a party fails to reference a pleaded claim or affirmative defense in its brief, the TTAB will deem the claim or affirmative defense to have been waived.
  • If the TTAB nonetheless considers an unargued claim or affirmative defense, it must explain why it departed from clearly established waiver practice.

Related Team:

Kyrie Cameron

Partner