Jul 9, 03:22 PM

Federal Circuit Issues Landmark En Banc Patent Decision, Clarifies 35 USC § 285 and Skinny Labeling

The Federal Circuit has issued its first en banc patent decision since 2018, addressing multiple significant aspects of patent law. The court provided new guidance on the right to repair in patent law, upended the obviousness test for design patents, and clarified rules for skinny labeling for generics and biosimilar companies. Additionally, the Federal Circuit ruled on patent damages based on foreign conduct and revived induced infringement claims despite the 'skinny label' carve-out. The court also interpreted the application of 35 USC § 285 and attorney’s fees. These decisions are expected to have far-reaching implications for patent holders and the pharmaceutical industry.

#Federal Circuit #USC

Written with ChatGPT (GPT-4o).