IP Insights

In an October 25, 2023 precedential opinion in Netflix, Inc. v. DivX, LLC (available here), the Federal Circuit affirmed two final written decisions finding claims of two patents directed to adaptive bitrate streaming not unpatentable.  In so doing, the Federal Circuit rejected Netflix’s argument that the Board failed to consider all of its arguments.   […]

In the precedential case In re: Cellect, LLC, Docket Nos. 2022-1293, 1294, 1295, and 1296 (Fed. Cir., Aug. 28, 2023), the Federal Circuit affirmed the PTAB’s invalidation of four expired Cellect patents during ex parte reexamination.  Even though the four patents were expired, they were still within a back damages period, and Cellect had sued […]

In an August 11, 2023 precedential opinion in Rembrandt Diagnostics, LP v. Alere, Inc. (available here), the Federal Circuit affirmed a final written decision finding claims of a patent directed to testing biological fluids unpatentable for obviousness.  In so doing, the Federal Circuit found that Alere, Inc. (“Alere”) did not offer new theories in its […]

Arguably the most famous genetic material in the world, the HeLa cell line, propagated using a tissue sample obtained from a tumor growing in Henrietta Lacks’ cervix in 1951, provided researchers with a tool that propelled cellular research into the future and continues to enable countless medical advances.  HeLa, named from the first two letters […]