61 articles · page 3 of 6
GE Argues CAFC Patent Exceptionalism Back in July, I predicted that competitor standing in PTAB appeals was a debate destined for cert petition . That petition was filed last Wednesday in Gen. Elec. Co. v. United Techs. Corp. (“GE”) As a…
This morning, the Supreme Court denied the petitions for cert. filed in the Vanda, Berkheimer and Athena appeals. While the Court had requested and received amici briefs from the Solicitor General that opined that the Court should not grant cert. in Vanda…
Earlier this year, the Supreme Court issued orders to the Solicitor General to weigh in on whether or not the Court should grant cert. in two high profile Fed. Cir. decisions: Hikma Pharm. USA Inc, v. Vanda Pharm. Inc., No. 18-817, and HP Inc. v.…
VIRNETX INC. v. APPLE INC. Before Prost , Moore, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Failure to petition for certiorari on the issue of invalidity triggers estoppel of parallel inter partes reexamination proceedings even if…
FOOD MARKETING INSTITUTE V. ARGUS LEADER MEDIA. Before the Supreme Court with J. Gorsuch delivering the majority opinion. Summary: Commercial or financial information is confidential under the Freedom of Information Act (FOIA) when it is (1) both…
IANCU V. BRUNETTI Before the United States Supreme Court (Opinion by Justice Kagan ) on Writ of Certiorari to the United States Court of Appeals for the Federal Circuit. Summary : The Lanham Act’s prohibition on registering immoral or scandalous…
Pre-AIA, 35 USC 102(b) stated that a person is entitled to a patent unless “the invention was patented or described in a printed publication… or in public use or on sale in the country, more than one year prior to the date of the application…
LATEST FROM THE SUPREME COURT Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. , 586 U.S. ____ (2019) Today, the Supreme Court addressed the extent of the “on-sale” bar following the passage of the America Invents Act…
Happy New Year! We have decided to write more often in 2019 as many of our readers have asked us to bring back our popular Patexia Insight series. Our goal is to bring as much value to the community as possible, so we will do our best to create more…
Before the Supreme Court. Thomas delivered opinion, joined by Roberts, Kennedy, Ginsburg, Alito, Sotomayor, and Kagan. Gorsuch dissenting, joined by Breyer. Summary : Patentee may recover foreign lost profits, where infringer violated § 271(f)(2) by…
LATEST FROM THE SUPREME COURT WesternGeco LLC v. ION Geophysical Corp ., Appeal No. 16-1011 (June 22, 2018) In its final patent decision of the October 2017 term, the Supreme Court today issued a decision concerning the scope of damages that are available…
On April 26, 2018, the USPTO issued a one-page guidance document on the impact of the Supreme Court’s recent decision, SAS Institute Inc. v. Iancu, on AIA trial proceedings. As has been widely reported, SAS reversed the PTAB’s long-standing…
