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*APPELLANT FAILED TO SHOW INJURY OF FACT AS TO SUBSTITUTED CLAIMS
ironSource LTD. v. Digital Turbine, Inc., 24-1831 — Yesterday in an opinion by Chief Judge MOORE, the Federal Circuit dismissed ironSource’s appeal of a USPTO post-grant review decision granting Digital Turbine’s Revised Motion to Amend its patent claims on a network-connected device for installing mobile applications. ironSource argued it had Article III standing and had established an injury in fact based on Digital Turbine’s “veiled threats” to sue for infringement.
The Federal Circuit disagreed, explaining that evidence of standing must track the claims actually being challenged on appeal. ironSource relied on testimony that Digital Turbine alleged ironSource’s “Click to Install” product features were covered by Digital Turbine’s patents, which eventually compelled ironSource to suspend its product line. But infringement allegations related to the original claims were insufficient to establish that ironSource had concrete plans to reintroduce its product with features covered by the substituted claims at issue.
(1 to 4 stars rate impact of opinion on patent & trademark law)
IPO LAW JOURNAL ARTICLE ADDRESSES “BIOPHARMACEUTICAL PATENT MYTHS”
The IPO Law Journal has published a new article, “Debunking Biopharmaceutical Patent Myths: An Evidence-Based Analysis,” authored by LISA MUELLER (Casimir Jones), JULIE M. LAKE (Merck), MIRA A. MULVANEY (Eli Lilly and Company), RICHARD F. KURZ (Haug Partners LLP), WAN CHIEH (JENNY) LEE (Haug Partners LLP), GUSTAVO DE FREITAS MORAIS (Dannemann Siemsen), and ROB RODRIGUES (RNA Law).
The authors address four myths about biopharmaceutical patent practices: that companies obtain excessive patents, create patent thickets, use patents to block generic competition, and leverage trivial post-approval innovations to evergreen their exclusivity. Using data from the USPTO and FDA and independent academic research, they make the case that each myth has become accepted wisdom despite being contradicted by the evidence.
To submit an article for the Law Journal, email articles@ipo.org.
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