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Articles by Fred Chung
Private Credit Under Scrutiny: What Matters—and What Doesn’t
Key Takeaways Headline risks are overstated: recent bankruptcies were driven by non-core lending and fraud—not systemic weakness in private credit The real risk is manager-specific: concentration (e.g., software exposure) and underwriting discipline matter more than the asset class itself Fundamentals remain attractive: stable spreads, strong yields, and more conservative structures support a compelling risk/return profile In recent years, the rapid growth of private credit has been widely...
Podcast: Why the Core-Mid Market May Be Private Credit’s Sweet Spot
Key Takeaways Adams Street’s definition of the core mid-market comprises companies with an enterprise value from $150 million and $800 million, and EBITDA ranging from $20 million to $100 million The core-mid market offers a sweet spot as deal terms are often more favorable than in the upper-mid market, while the credit profile of companies is generally more attractive than those in the lower-mid sector.
Federal Circuit Emphasizes Role Of Filing Dates, Reversing Obviousness-Type Double Patenting Invalidation
In Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 2024-1061 (Fed. Cir. August 13, 2024), the Federal Circuit reversed the District Court of Delaware's invalidity determination of certain claims of U.S. Patent No. 7,741,356 ("the '356 patent") for obviousness-type double patenting. The Federal Circuit also reversed the district court's invalidity determination of certain claims of U.S. Patent Nos.
Federal Circuit Emphasizes Role of Filing Dates, Reversing Obviousness-Type Double Patenting Invalidation | JD Supra
In Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 2024-1061 (Fed. Cir. August 13, 2024), the Federal Circuit reversed the District Court of Delaware’s invalidity determination of certain claims of U.S. Patent No. 7,741,356 (“the ’356 patent”) for obviousness-type double patenting. The Federal Circuit also reversed the district court’s invalidity determination of certain claims of U.S. Patents Nos.
Nonimmigrant Travel to the US: Understanding Travel & Status Documents
There are typically four key documents relating to nonimmigrant (i.e., temporary) travel to and authorized stay in the United States. It is important to understand what these documents are, what purpose they serve, and how they impact one another. Understanding these issues will help answer the questions “Can I travel to the US?”, “How long can I stay?”, and “If I leave the US, can I come back?” 1.
Federal Circuit Emphasizes Role of Filing Dates, Reversing Obviousness-Type Double Patenting Invalidation
In Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 2024-1061 (Fed. Cir. August 13, 2024), the Federal Circuit reversed the District Court of Delaware’s invalidity determination of certain claims of U.S. Patent No. 7,741,356 (“the ’356 patent”) for obviousness-type double patenting. The Federal Circuit also reversed the district court’s invalidity determination of certain claims of U.S. Patents Nos.
Building Resilience – The Power of Private Credit in Insurance Portfolios | Adams Street Partners
In episode 225 of InsuranceAUM.com’s podcast, Adams Street’s Bill Sacher, Partner & Head of Private Credit, and Fred Chung, Partner & Head of Credit Underwriting, joined host Stewart Foley to discuss the dynamics of private credit portfolios and how insurance companies can build resilience in this asset class. Stewart: Welcome to another edition of the InsuranceAUM.com podcast. My name’s Stewart Foley, I’ll be your host.
Federal Circuit Affirms Invalidation Of Patents Manipulating Medical Imaging Data As Abstract
Listen to this post The Federal Circuit held that patent claims directed to storing and providing medical images over the web as "virtual views" were invalid under 35 U.S.C. § 101 because they involved nothing more than "converting data and using computers to collect, manipulate, and display the data," and the amended complaint failed to plausibly allege that creating "virtual views" on the fly involved unconventional technology or a concrete application that would transform the abstract idea...
Federal Circuit Affirms Invalidation of Patents Manipulating Medical Imaging Data as Abstract | JD Supra
The Federal Circuit held that patent claims directed to storing and providing medical images over the web as “virtual views” were invalid under 35 U.S.C. § 101 because they involved nothing more than “converting data and using computers to collect, manipulate, and display the data,” and the amended complaint failed to plausibly allege that creating “virtual views” on the fly involved unconventional technology or a concrete application that would transform the abstract idea to significantly more.
Balancing Sustainability and Antitrust
Skip to main content June 06, 2024 Volume XIV, Number 158 Legal Analysis. Expertly Written. Quickly Found. Trending News Why Sustainability Needs Antitrust Print Mail Download i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print Mastodon X Buffer Flipboard Governments are promoting sustainability initiatives, including circular economy, recycling, and climate change. The success of those initiatives rests on both individual efforts and increased collaboration.
Federal Circuit Affirms Invalidation of Patents Manipulating Medical Imaging Data as Abstract
The Federal Circuit held that patent claims directed to storing and providing medical images over the web as “virtual views” were invalid under 35 U.S.C. § 101 because they involved nothing more than “converting data and using computers to collect, manipulate, and display the data,” and the amended complaint failed to plausibly allege that creating “virtual views” on the fly involved unconventional technology or a concrete application that would transform the abstract idea to significantly more.
Federal Circuit Affirms Invalidation of Patents Manipulating Medical Imaging Data as Abstract
The Federal Circuit held that patent claims directed to storing and providing medical images over the web as “virtual views” were invalid under 35 U.S.C. § 101 because they involved nothing more than “converting data and using computers to collect, manipulate, and display the data,” and the amended complaint failed to plausibly allege that creating “virtual views” on the fly involved unconventional technology or a concrete application that would transform the abstract idea to significantly more.
Sanderling Management v. Snap Inc. No. 21-2173 (Fed. Cir. Apr. 12, 2023) Alice - 35 U.S.C. § 101
This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Sanderling asserted three patents sharing a common specification against Snap in the Northern District of Illinois. The claims are directed to a method of determining a user's location with a GPS and displaying images the user based on their location.
United States - Patent - Federal Circuit Vacates Invalidity Judgement Based On Collateral Estoppel From A Case Subsequently Vacated And Rebukes Plaintiff's About-Face On Its Stipulated Claim Construction
In Finjan LLC, FKA Finjan, Inc. v. SonicWall, Inc., No. 2022-1048 (Fed. Cir. Oct. 13, 2023), the Federal Circuit vacated a summary judgement of invalidity based on collateral estoppel, where the case that provided estoppel was subsequently vacated.
2023 Federal Circuit Case Summaries Year End Report - Patent - United States
No. 2022-1116 (Fed. Cir. Feb. 13, 2023) 101 - Alice By: Evan Lim This case addresses whether the district court's grant of summary judgment was proper based on the district court's finding that the asserted claims of U.S. Patent No. 8,197,807 ("the '807 patent") were invalid under 35 U.S.C. § 101 for being directed to a natural phenomenon.
2023 Federal Circuit Case Summaries- Intellectual Property: Year End Report
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Skinny Label Carve Outs Affirmed by Federal Circuit
In H. Lundbeck A/S, et al. v. Lupin Ltd., et al., Nos. 2022-1194, 2022-1208, and 2022-1246 (December 7, 2023), the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents. This case affirms settled law that had become somewhat uncertain due to the Federal Circuit’s 2021 Glaxo opinion.
Private Credit Hyperscalers Risk Eroding Investor Returns
Key Takeaways Large, publicly traded private credit managers have rapidly scaled business development companies and life insurance general accounts over the past decade, leading to rapid growth in assets under management and annual deployment Rapid asset scaling increases pressure on investment teams to deploy capital, which can compromise underwriting standards and credit selection.
Federal Circuit Evaluates Impact Of The Final Written Decision (FWD) In A Parallel Inter-Partes Review (IPR) On District Court's Decision Of Invalidity And Infringement - Patent - United States
In United Therapeutics Corp. v Liquidia Tech Inc., the Federal Circuit reviewed the district court's decision on invalidity and infringement of two pharmaceutical patents and the impact of the Final Written Decision (FWD) in a parallel inter-partes review (IPR) upon the district court's decision. Liquidia filed a New Drug Application for YutrepiaTM, its non-generic dry powder inhalation formulation of the drug treprostinil, under § 505(b)(2) of the Food, Drug, and Cosmetic Act.
Federal Circuit Weighs In On Relevance Of Primary Reference's Intended Purpose To A POSITA's Motivation To Combine
In Medtronic, Inc., Medtronic Vascular, Inc., v. Teleflex Innovations S.A.R.L., the case addresses the weight the Patent Trial and Appeal Board (PTAB) should give to the intended purpose of a primary reference when evaluating a Person of Ordinary Skill in the Art's (POSITA) motivation to combine that primary reference with secondary references.
Federal Circuit Clarifies Standards to Establish Nexus Between Objective Evidence and Non-Obviousness, and to Establish Copying in Medtronic et al. v. Teleflex Innovations
Skip to main content December 18, 2023 Volume XIII, Number 352 Legal Analysis. Expertly Written. Quickly Found. Trending News Federal Circuit Clarifies Standards to Establish Nexus Between Objective Evidence and Non-Obviousness, and to Establish Copying in Medtronic et al. v.
Federal Circuit Vacates Invalidity Judgement Based on Collateral Estoppel from a Case Subsequently Vacated and Rebukes Plaintiff’s About-Face on Its Stipulated Claim Construction
In Finjan LLC, FKA Finjan, Inc. v. SonicWall, Inc., No. 2022-1048 (Fed. Cir. Oct. 13, 2023), the Federal Circuit vacated a summary judgement of invalidity based on collateral estoppel, where the case that provided estoppel was subsequently vacated.
Federal Circuit Vacates Invalidity Judgement Based on Collateral Estoppel from a Case Subsequently Vacated and Rebukes Plaintiff’s About-Face on Its Stipulated Claim Construction
In Finjan LLC, FKA Finjan, Inc. v. SonicWall, Inc., No. 2022-1048 (Fed. Cir. Oct. 13, 2023), the Federal Circuit vacated a summary judgement of invalidity based on collateral estoppel, where the case that provided estoppel was subsequently vacated.
Federal Circuit Evaluates Impact of the Final Written Decision (FWD) in a Parallel Inter-Partes Review (IPR) on District Court’s decision of Invalidity and Infringement
In United Therapeutics Corp. v Liquidia Tech Inc., the Federal Circuit reviewed the district court’s decision on invalidity and infringement of two pharmaceutical patents and the impact of the Final Written Decision (FWD) in a parallel inter-partes review (IPR) upon the district court’s decision. Liquidia filed a New Drug Application for YutrepiaTM, its non-generic dry powder inhalation formulation of the drug treprostinil, under § 505(b)(2) of the Food, Drug, and Cosmetic Act.
Federal Circuit Evaluates Impact of the Final Written Decision (FWD) in a Parallel Inter-Partes Review (IPR) on District Court’s decision of Invalidity and Infringement
In United Therapeutics Corp. v Liquidia Tech Inc., the Federal Circuit reviewed the district court’s decision on invalidity and infringement of two pharmaceutical patents and the impact of the Final Written Decision (FWD) in a parallel inter-partes review (IPR) upon the district court’s decision. Background Liquidia filed a New Drug Application for YutrepiaTM, its non-generic dry powder inhalation formulation of the drug treprostinil, under § 505(b)(2) of the Food, Drug, and Cosmetic Act.
Sanderling Management v. Snap Inc. No. 21-2173 (Fed. Cir. Apr. 12, 2023) Alice – 35 U.S.C. § 101
Thursday, August 10, 2023 Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Sanderling asserted three patents sharing a common specification against Snap in the Northern District of Illinois. The claims are directed to a method of determining a user’s location with a GPS and displaying images the user based on their location.
Sanderling Management v. Snap Inc. No. 21-2173 (Fed. Cir. Apr. 12, 2023) Alice – 35 U.S.C. § 101 | JD Supra
Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Background Sanderling asserted three patents sharing a common specification against Snap in the Northern District of Illinois. The claims are directed to a method of determining a user’s location with a GPS and displaying images the user based on their location.
Sanderling Management v. Snap Inc. No. 21-2173 (Fed. Cir. Apr. 12, 2023) Alice - 35 U.S.C. § 101
Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Background Sanderling asserted three patents sharing a common specification against Snap in the Northern District of Illinois. The claims are directed to a method of determining a user’s location with a GPS and displaying images the user based on their location.
Sanderling Management v. Snap Inc. No. 21-2173 (Fed. Cir. Apr. 12, 2023) Alice - 35 U.S.C. § 101
Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Background Sanderling asserted three patents sharing a common specification against Snap in the Northern District of Illinois. The claims are directed to a method of determining a user’s location with a GPS and displaying images the user based on their location.
2023 Federal Circuit Case Summaries | JD Supra
We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March 31, 2023. Please see full Publication below for more information. Download PDF
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