Katherine Pappas
Subscribe to Katherine Pappas's PostsKatherine (Kathy) Pappas focuses her practice on intellectual property matters, particularly in patent litigation within the life sciences sector. Kathy handles matters involving a large variety of technologies, ranging from mechanical inventions (e.g., microfluidic devices; injector pens) to pharmaceutical litigation under the Hatch-Waxman Act. Read Katherine Pappas's full bio.
Should This Be an Alice Two-Step or a Section 112 Enablement Waltz?
By Katherine Pappas on Aug 10, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the dismissal of a lawsuit for lack of subject matter eligibility under 35 U.S.C. § 101 based on an Alice two-step analysis, with Judge Newman filing a sharp dissent focused on “the current law of § 101.” Realtime Data LLC v. Array Networks Inc., Case No. 2021-2251...
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Invoking Generic Need for Claim Construction Won’t Avoid § 101 Dismissal
By Katherine Pappas on Jul 27, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit on § 101 grounds, rejecting the patentee’s argument that claim construction or discovery was required before assessing patent eligibility. Trinity Info Media, LLC v. Covalent, Inc., Case No. 22-1308 (Fed. Cir. July 14, 2023) (Stoll, Bryson, Cunningham, JJ.) Trinity...
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Under High Pressure: New Mechanism of Action Can’t Save Drug Administration Claims
By Katherine Pappas on Jun 22, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board ruling that method claims reciting a mechanism of action triggered by the co-administration of two known antihypertensive agents were obvious over the cited prior art. In re Couvaras, Case No. 22-1489 (Fed. Cir. June 14, 2023) (Lourie, Dyk, Stoll,...
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Remote Employees Support Patent Venue
By Katherine Pappas on Oct 13, 2022
Posted In Patents
In a per curiam opinion, the US Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus seeking to direct the district court to dismiss or transfer the underlying case based on improper venue. In doing so, the Court pointed to remote workers residing in the district to find satisfaction...
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Fee Award Appropriate for Trying to Refresh and Replay Case
By Katherine Pappas on Aug 4, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit upheld an attorneys’ fees award after the patent owner brought successive patent infringement suits attempting “to refile to wipe the slate clean” after the first court was poised to issue an adverse merits ruling. Realtime Adaptive Streaming, LLC v. Netflix, Inc., Netflix Streaming Services, Inc., Case...
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The Halo Effect Won’t Cure Lack of Final Judgment
By Katherine Pappas on May 19, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit dismissed the appeal of a disappointed movant seeking prejudgment interest and a new damages trial after concluding that the district court did not enter an appealable final order despite closing the case nearly three years before the appeal was filed. Halo Electronics, Inc. v. Bel Fuse...
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Wild and Untamed Trademarks: Madrid Protocol Grants Right of Priority as of Constructive Use Date
By Katherine Pappas on Apr 28, 2022
Posted In Trademarks
Addressing for the first time the question of enforceability of a priority of right in a trademark granted pursuant to the Madrid Protocol where the registrant’s actual use in commerce began after the allegedly infringing use, the US Court of Appeals for the Ninth Circuit found that the Madrid Protocol grants priority as of the...
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Acts Supporting Induced Infringement Allegations Must Occur During Damages Period
By Katherine Pappas on Apr 14, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated a damages verdict because the acts supporting the induced infringement finding took place years before the statutory damages period and thus could not support a finding of specific intent to induce infringement. Roche Diagnostics Corporation v. Meso Scale Diagnostics, LLC, Case Nos. 21-1609; -1633 (Fed....
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Seeing Eye to Eye: Preliminary Injunction Affirmed for Patent Filed After Accused Product Was Sold
By Katherine Pappas on Feb 17, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the grant of a preliminary injunction, finding that the district court did not abuse its discretion, clearly err in its underlying factual findings or abuse its discretion in setting the scope of the preliminary injunction. BlephEx, LLC v. Myco Indus., Inc., Case Nos. 2021-1149; -1365...
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Federal Circuit Makes Clear: Prior Failures in the Art May Demonstrate Non-Obviousness
By Katherine Pappas on Nov 11, 2021
Posted In Patents
Addressing the issue of obviousness of a patent directed toward a method of killing antibiotic-resistant bacteria using only visible light with no photosensitizer, the US Court of Appeals for the Federal Circuit reversed the Patent Trial & Appeal Board’s (PTAB) decision, finding no obviousness where the asserted prior art did not disclose a successful method...
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