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CASE OF THE WEEK Amgen Inc. v. Sanofi , Appeal No. 2020-1074 (Fed. Cir. Feb. 11, 2021) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s JMOL ruling that asserted claims of two related pharmaceutical patents were…
SYNCHRONOSS TECHNOLOGIES, INC v. DROPBOX, INC. Before Prost, Reyna, and Taranto. Appeal from the U.S. District Court for the Northern District of California. Summary: A claim construed to require hardware does not cover software alone. Synchronoss…
MOJAVE DESERT HOLDINGS, LLC v. CROCS, INC. Before Newman, Dyk, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: The purchaser or assignee of all assets and interests of the requester of inter partes reexamination could substitute…
Infinity Computer Products v. Oki Data Americas, Inc. Before Prost, Clevenger, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: Contradictory positions taken during prosecution and reexamination regarding the scope of…
CHUDIK V. HIRSHFELD Before Taranto, Bryson, and Hughes. Appeal from the United State District Court for the Eastern District of Virginia Summary: An examiner’s self-reversal may not qualify as “reversing an adverse determination.” In…
CXLOYALTY, INC. v. MARITZ HOLDINGS INC. Before Prost, Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A claim implementing an abstract idea using conventional techniques is patent ineligible. CxLoyalty petitioned for covered…
CASE OF THE WEEK M & K Holdings, Inc. v. Samsung Elect. Co., Ltd. , Appeal No. 2020-1160 (Fed. Cir. Feb. 1, 2021) In only its third precedential patent case of 2021, the Federal Circuit addressed two discrete issues. It established further precedent…
QUIKTRIP WEST, INC. V. WEIGEL STORES, INC. Before Lourie, O’Malley, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: When comparing marks under the Dupont factors, the Board may give less weight to shared terms that are highly…
SIMO HOLDINGS INC. v. HONG KONG UCLOUDLINK NETWORK Before O’Malley, Wallach, and Taranto. Appeal from the United States District Court for the Southern District of New York. Summary: A claim construction that excludes an embodiment disclosed in the…
CASE OF THE WEEK General Electric Co. v. Raytheon Techs. Corp. , Appeal No. 2019-1319 (Fed. Cir. Dec. 23, 2020) In one of two precedential opinions this week, the Federal Circuit established new precedent concerning what it takes for a petitioner to have…
CASE OF THE WEEK SiOnyx LLC et al. v. Hamamatsu Photonics K.K. et al. , Appeal Nos. 2019-2359, -1217 (Fed. Cir. Dec. 7, 2020) In the only precedential patent opinion issued this week, the Federal Circuit determined multiple issues in cross-appeals from the…
SIONYX LLC v. HAMAMATSU PHOTONICS K.K. Before Lourie, Reyna, and Wallach. Appeal from the U.S. District Court for the District of Massachusetts. Summary: A party who discloses confidential information pursuant to a NDA may be entitled to ownership of U.S.…
