877 articles · page 49 of 74
CASE OF THE WEEK Forum US, Inc. v. Flow Valve, LLC , Appeal No. 2018-1765 (Fed. Cir. June 17, 2019) Our case of the week features a rarely visited rule concerning reissue patents—the “original patent requirement” doctrine codified in 35…
GAME AND TECHNOLOGY CO., LTD. v. ACTIVISION BLIZZARD INC. Before Prost, Lourie, and Wallach . Appeal from the Patent Trial and Appeal Board (PTAB). Summary : A single prior art reference can render a patent obvious if it would have been obvious to modify…
FORUM US, INC. v. FLOW VALVE, LLC Before Reyna , Schall and Hughes. Appeal from the U.S. District Court for the Western District of Oklahoma. Summary : The original patent on which a broadening reissue patent is based must clearly and unequivocally…
The Supreme Court and the Federal Circuit issued three precedential opinions this week concerning matters of first impression involving inter partes reviews, two of which concern the status of government actors in the process. We cover those below. In our…
SAMSUNG ELECTRONICS CO., LTD. v. ELM 3DS INNOVATIONS, LLC Before Moore , Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : If the technology is complex, a party may be required to provide more evidence of a reasonable expectation of…
CASE OF THE WEEK Lone Star Silicon Innovations LLC v. Nanya Technology Corporation , Appeal No. 2018-1581, -1582 (Fed. Cir. May 30, 2019) In the only precedential patent case this week, the Federal Circuit addressed whether a party who is not a patentee or…
CASE OF THE WEEK Papst Licensing GMBH & Co. KG v. Samsung Electronics America, Inc. , Appeal No. 2018-1777 (Fed. Cir. May 23, 2019) In a sternly-worded decision this week, the Federal Circuit held claims to be invalid because the patentee dropped a related…
QUEST INTEGRITY USA, LLC v. COKEBUSTERS USA INC. Before Dyk , Taranto, and Hughes. Appeal from the U.S. District Court for the District of Delaware. Summary: An affidavit should not be dismissed as a sham where: (1) the affidavit contradicts another…
CASE OF THE WEEK AVX Corporation v. Presidio Components, Inc ., Appeal No. 2018-1106 (Fed. Cir. May 13, 2019) Following an inter partes review upholding the patentability of certain challenged claims, the Court dismissed Petitioner AVX Corporation’s…
Last year, in a lengthy split decision, a Fed. Cir. panel affirmed the district court’s ruling that four “add-on” patents that Acorda owned were invalid as obviousness in view of a number of prior art references (Acorda Ther., Inc. v.…
NOVARTIS PHAMACEUTICALS CORP V. WEST-WARD PHARMACEUTICALS Before Stoll , Plager, and Clevenger. Appeal from the United States District Court for the District of Delaware. Summary: When a method of using a prior art compound is claimed rather than the…
CASE OF THE WEEK Amgen Inc. v. Sandoz Inc. , Appeal No. 2018-1551 (Fed. Cir. May 8, 2019) In an appeal from a district court’s summary judgment of non-infringement, the Federal Circuit affirmed claim construction and non-infringement opinions in a…
