Scott Conley

Claim Terms Are Not Necessarily Interpreted by Patents Incorporated by Reference

By Scott Conley on December 20, 2022 Posted in Patent

Finjan LLC v. ESET, LLC, Appeal No. 2021-2093 (Fed. Cir. 2022). The Federal Circuit reversed a district court’s summary judgment that interpreted the claims based on a definition in a separate patent that was incorporated by reference. The patents at issue are directed to systems and methods for detecting computer viruses in a Downloadable. A … Continue Reading

Close Case for Non-obviousness of Pharmaceutical Formulations — Adapt Pharma v. Teva Pharma

By Scott Conley on March 1, 2022 Posted in Patent

In Adapt v. Teva, the Federal Circuit affirmed the district court’s findings that methods of administering a naloxone nasal spray formulation were invalid as obvious. The decision, which the Court notes was a “close case,” reminds us how difficult it is to show non-obviousness of pharmaceutical formulations and their use. The patents at issue relate … Continue Reading