April E. Weisbruch
Subscribe to April E. Weisbruch's PostsApril E. Weisbruch focuses her practice on intellectual property matters, particularly in managing large-scale IP litigation and counseling. She works with clients in wide-ranging technology sectors, including pharmaceuticals, software applications, medical devices, organic chemistry and ballistics. Read April E. Weisbruch's full bio.
The Application of “Authentication by Comparison” at the PTAB
By April E. Weisbruch on Aug 26, 2021
Posted In Patents
Directly addressing the application and operation of the Federal Rules of Evidence in proceedings before the Patent Trial & Appeal Board (Board), the US Court of Appeals for the Federal Circuit affirmed-in-part and reversed-in-part two inter partes review (IPR) decisions, criticizing the Board’s refusal to consider a particular reference relied upon by the patent challenger...
Continue Reading
Apportionment Unnecessary When Royalty Is Based on Comparable License
By April E. Weisbruch on Dec 3, 2020
Posted In Patents
Rejecting a defendant’s request for a new trial on a variety of grounds, the US Court of Appeals for the Federal Circuit affirmed a damages award and explained that apportionment was unnecessary because a sufficiently comparable license was used to determine the appropriate royalty. Vectura Ltd. v. GlaxoSmithKline LLC et al., Case No. 20-1054 (Fed....
Continue Reading
Federal Circuit Restores Induced Infringement Verdict Against Teva
By April E. Weisbruch on Oct 15, 2020
Posted In Patents
Addressing the issue of whether a generic pharmaceutical company can be found to induce infringement even when all patented uses have been “carved out” of the label (resulting in a so-called “skinny label”), the US Court of Appeals for the Federal Circuit held that circumstantial evidence of inducement was sufficient. The Court relied on evidence...
Continue Reading
