Represented Celsis In Vitro, Inc. before the U.S. Court of Appeals for the Federal Circuit and the Northern District of Illinois in a patent case regarding methods for creating multi-cryopreserved hepatocyte preparations. That representation secured preliminary injunctive relief on behalf of Celsis, which the Federal Circuit affirmed in a precedential opinion. That representation also secured a second appellate victory, where in another precedential opinion, the Federal Circuit reversed the district court’s decision that the asserted patent was invalid for improperly claiming patent-ineligible subject matter under 35 U.S.C. § 101.
Provided ongoing representation to Celsis In Vitro, Inc. (Celsis IVT) in a patent infringement action against CellzDirect, Inc. and Invitrogen Corporation (now known as Life Technologies Corporation) for their infringement of Celsis IVT’s LiverPoolTM patent (U.S. Patent No. 7,604,929). In 2010, following a high-contested three-day evidentiary hearing, Loeb & Loeb successfully convinced the Northern District of Illinois to award a preliminary injunction. Later in the case while stayed pending appeal, the U.S. Court of Appeals for the Federal Circuit affirmed that decision in a precedential opinion authored by then-Chief Judge Randall Rader. With the stay lifted, Loeb & Loeb convinced the district court to rule in Celsis IVT’s favor on all disputed claims during the Markman proceedings. Yet, following that favorable ruling, the district court found on summary judgment that the LiverPool patent was invalid for claiming patent ineligible subject matter. On appeal, however, Loeb & Loeb secured a major victory by convincing the Federal Circuit to reverse the district court’s summary judgement. In a precedential opinion authored by Chief Judge Sharon Prost, the Court found that the district court errored in analyzing both steps of the Mayo/Alice framework for addressing subject matter eligibility issues. Not only did that reversal revive the LiverPool patent, but it stands as a seminal decision for the biotechnology and pharmaceutical industries on the issue of patent subject matter eligibility. Loeb & Loeb has represented Celsis IVT since the inception of this case, and in related proceedings before several U.S. and foreign patent offices