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CASE OF THE WEEK VidStream LLC v. Twitter, Inc. , Appeal No. 2019-1734, -1735 (Fed. Cir. Nov. 25, 2020) In the Federal Circuit’s only precedential case last week, the Court addressed the extent to which a book published before the priority date but…
VIDSTREAM LLC V. TWITTER, INC. Before Newman, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Evidence of a prior art reference’s publication date submitted after an IPR petition may be appropriately considered by…
CASE OF THE WEEK SIPCO, LLC v. Emerson Electric Co. , Appeal No. 2018-1635 (Fed. Cir. Nov. 17, 2020) Our Case of the Week is one of two cases we revisit following further precedential decisions issued by the Federal Circuit this week (see our write-up of…
VECTURA LIMITED v. GLAXOSMITHKLINE LLC Before Prost, Bryson, and Wallach. Appeal from the United States District Court for the District of Delaware Summary: Distinguishing prior art based on the structure of the particles, not the process used to…
CASE OF THE WEEK C.R. Bard Inc. v. AngioDynamics, Inc. , Appeal No. 2019-1756, -1934 (Fed. Cir. Nov. 10, 2020) Our Case of the Week is one of two cases decided this week in which the Federal Circuit finds that a district court jumped the gun on granting…
C R BARD INC. v. ANGIODYNAMICS, INC. Before Reyna, Schall, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Claims that recited printed matter but arguably included an inventive concept beyond the printed…
DONNER TECHNOLOGY, LLC v. PRO STAGE GEAR, LLC Before Prost, Dyk, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A determination as to whether a reference is analogous art to a claimed invention requires, in part, an identification and…
CASE OF THE WEEK Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc. , Appeal No. 2019-2402 (Fed. Cir. Nov. 5, 2020) In our Case of the Week, the Federal Circuit addressed a lingering question about venue following the Supreme…
VALEANT PHARMACEUTICALS v. MYLAN PHARMACEUTICALS Before Newman, O’Malley, and Taranto. Appeal from the District Court of New Jersey Summary: Venue in Hatch-Waxman cases is proper only in districts where actions related to the Abbreviated New Drug…
CHEVRON U.S.A. INC. v. UNIVERSITY OF WYOMING RESEARCH Before Newman, Lourie, and Schall. Appeal from Patent Trial and Appeal Board. Summary: Intrinsic evidence is sufficient support for claim construction in an interference proceeding. In an interference…
CASE OF THE WEEK In re: Nitro Fluids L.L.C. , Appeal No. 2020-142 (Fed. Cir. Oct. 28, 2020) In the Court’s only precedential patent opinion this week, the Federal Circuit granted a mandamus petition vacating the district court’s denial of a…
CASE OF THE WEEK TecSec, Inc. v. Adobe, Inc. , Appeal Nos. 2019-2192, -2258 (Fed. Cir. Oct. 23, 2020) In our Case of the Week, the Federal Circuit issued a wide-ranging opinion following three previous appeals in the same case and a jury trial on remand.…
