Scott Conley

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Claim Terms Are Not Necessarily Interpreted by Patents Incorporated by Reference

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

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