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Supreme Court on Patent Law: November 2023

Patently O

If cert is granted, this would be a very important case. 23-574): This case examines whether attorney fees can be awarded based on pursuing litigation deemed “baseless” after a magistrate judge’s non-infringement recommendation but before the district judge finalizes that recommendation. Traxcell Techs.

Court 74
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Obviousness and Pharmaceutical Method of Treatment Claims

Patently O

On appeal, the Federal Circuit vacated and remanded the district court’s obviousness judgment, finding legal errors at multiple steps of the analysis. In its analysis here, the Federal Circuit focused on claim construction, and particularly the singular “a” patient requirement in the claims.