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CASE OF THE WEEK Polara Engineering Inc. v. Campbell Company , Appeal Nos. 2017-1974, -2033 (Fed. Cir. July 10, 2018) In this wide-ranging opinion, the Court provided a rare and lengthy opinion on the public use bar under 35 U.S.C. § 102(b) and the…
Federal Circuit Summary Before Lourie , Dyk, and Hughes. Appeal from the United States District Court for the Central District of California Summary: (1) The public use bar is not triggered by experimental use testing the claimed features to determine if…
CASE OF THE WEEK Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc. , Appeal Nos. 2016-2691, 2017-1875 (Fed. Cir. July 3, 2018) The Court affirmed a jury verdict of patent infringement and vacated a $140 million damages award. At issue…
CASE OF THE WEEK Impax Laboratories Inc. v. Lannett Holdings Inc. , Appeal No. 2017-2020 (Fed. Cir. June 28, 2018) In an appeal taken from the Delaware district court, the Federal Circuit extended deference to the district court’s decision to uphold…
Federal Circuit Summary Before Dyk , Clevenger, and Chen. Appeal from the United States District Court for the Northern District of California. Summary : In order to rely on the entire market value rule to calculate damages, a patentee must prove that the…
Federal Circuit Summary Before Lourie , Dyk, and Taranto. Appeal from the District Court for the District of Delaware. Summary : A passing reference in the prior art to a formulation containing the claimed active ingredient and the claimed administration…
The Federal Circuit issued only one precedential patent decision last week. However, on Friday, the Supreme Court issued its long-awaited decision on extraterritorial damages in WesternGeco LLC v. ION Geophysical Corp. , Appeal No. 16-1011 (June 22, 2018)…
Federal Circuit Summary Before Prost, Newman , Mayer, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Petition for panel rehearing and rehearing en banc. Summary : Judge Newman dissents from the denial of a petition…
CASE OF THE WEEK Medtronic, Inc. v. Mark A. Barry , Appeal Nos. 2017-1169, -1170 (Fed. Cir. June 11, 2018) The Court affirmed-in-part and vacated-in-part a PTAB decision finding that petitioner Medtronic, Inc. had failed to prove that challenged claims…
Federal Circuit Summary Before PROST , Wallach, and Taranto. Appeal from the Southern District of Indiana. Summary : In determining whether a party’s actions were “exceptional” under Octane Fitness , the District Court properly considered…
CASE OF THE WEEK PGS Geophysical AS, v. Andrei Iancu , Appeal Nos. 2016-2470, -2472, -2474 (Fed. Cir. June 7, 2018) In appeals from three inter partes review , the Federal Circuit addressed transition issues for cases currently on appeal that were…
CASE OF THE WEEK Aatrix Software, Inc. v. Green Shades Software, Inc. , Appeal No. 2017-1452 (Fed. Cir. May 31, 2018) and Berkheimer v. HP Inc. , Appeal No. 2017-1437 (Fed. Cir. May 31, 2018) In these two, published, precedential orders denying rehearing…
