Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061 (August 13, 2024) (precedential) (2-1); Patent Nos. 7,741,356; 11,007,179; 11,090,291; 11,160,792; 11,311,516

Key point:

• A first-filed, first-issued, later-expiring parent patent claim cannot be invalidated for obviousness-type double patenting based on a later-filed, later-issued, earlier-expiring child patent claim.

VPR Brands, LP. v. Shenzhen Weiboli Technology Co. Ltd., No. 23-1544 (August 14, 2024) (nonprecedential); Trademark No. 5,486,616

Key point:

• A defense of unlawful-use in a trademark infringement action cannot be rejected without adequate legal and factual analysis.

Philips North America LLC v. Garmin International, Inc., No. 22-2255 (August 15, 2024) (nonprecedential); Patent Nos. 6,013,007; 8,277,377

Key point:

• If the specification states that a phrase recited in the claims can include a particular term, then that particular term should not be excluded from a construction of the phrase.

Cisco Systems, Inc. v. K. Mizra LLC, No. 22-2290 (August 16, 2024) (nonprecedential); Patent No. 8,234,705

Key point:

• A proper motivation to combine references need not show that a skilled artisan would recognize any benefit in making the proposed combination.

PLATINUM OPTICS TECHNOLOGY INC. v. VIAVI SOLUTIONS INC., No. 22-1227 (August 16, 2024) (precedential) (3-0); Patent No. 9,354,369

Key point:

• A party has not established an injury in fact sufficient to confer standing to appeal by merely speculating about the possibility of an infringement suit or by asserting a plan to develop new products without providing any detailed plans for development of these new products and without explaining the particulars of these new products, or how the products may relate to certain patents.