877 articles · page 44 of 74
LIQWD, INC. v. L'OREAL USA, INC. Before Reyna, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Evidence of copying was relevant to nonobviousness even though the copied feature came from an unpublished patent application…
CASE OF THE WEEK Due to technical issues, this week’s report covers the past two weeks. HZNP Medicines LLC v. Actavis Laboratories UT , Inc., Appeal Nos. 2017-2149, et al. (Fed. Cir. Oct. 10, 2019) In a lengthy decision following a bench trial, the…
FRAUNHOFER-GESELLSCHAFT v. SIRIUS XM RADIO INC. Before Dyk, Linn, and Taranto. Appeal from the District of Delaware. Summary: Contract interpretation must be applied in determining whether a sublicense survives termination of the main license.…
HZNP Medicines LLC, Horizon Pharma USA, Inc. v. Actavis Laboratories UT, Inc. Before Prost, Newman, and Reyna . Appeal from the District Court for the District of New Jersey. Summary : Claims using “consisting essentially of” to define an…
B.E. TECHNOLOGY, L.L.C. v. FACEBOOK, INC. Before Lourie , Plager, and O’Malley. Appeal from the United States District Court for the Western District of Tennessee. Summary: A decision on the merits is not a prerequisite to a finding of prevailing…
CASE OF THE WEEK American Axle & Manufacturing, Inc. v. Neapco Holdings LLC , Appeal No. 2018-1763 (Fed. Cir. Oct. 3, 2019) In this week’s Case of the Week, the Federal Circuit considered whether patent claims directed to methods of manufacturing…
OSI PHARMACEUTICALS, LLC v. APOTEX INC Before Stoll , Newman, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : A pharmaceutical company’s statement touting the completion of Phase I safety trials for FDA approval is not…
AMERICAN AXLE & MANUFACTURING, INC. v. NEAPCO HOLDINGS LLC Before Dyk , Moore, Taranto. Appeal from the United States District Court for the District of Delaware. Summary : Mechanical method claims involving tuning automotive propshafts to dampen…
A New Jersey jury has awarded Eagle View Technology $125 million in patent damages. Eagle View originally sued its competitor Verisk and its subsidiary corporation Xactware, for infringing nine patents related to software for developing 3D models from…
CASE OF THE WEEK SIPCO, LLC v. Emerson Electric Co. , Appeal No. 2018-1635 (Fed. Cir. Sept. 25, 2019) In this appeal of the Patent Trial and Appeal Board’s (PTAB) final written decision regarding covered business method (CBM) review of SIPCO’s…
CAMPBELL SOUP COMPANY v. GAMON PLUS, INC. Before Prost, Newman and Moore . Appeal from the Patent Trial and Appeal Board. Summary: A proper primary reference can have slight differences in design if, in light of overall similarities, it conveys basically…
CASE OF THE WEEK Inspired Development Grp, LLC v. Inspired Products Grp., LLC , Appeal No. 2018-1616 (Fed. Cir. Sept. 18, 2019) Our first patent case of the week is not, according to the Federal Circuit, a patent case after all. Rather, applying the…
