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In the recent decision, Vectura Ltd. v. GlaxoSmithKline LLC, Appeal. No. 2020-1054 (Fed. Cir., November 19, 2020), the panel dealt with an appeal by GlaxoSmithKline LLC (“GSK”) from a district court decision that found infringement of…
When they launched “Call Her Daddy” in 2018, Sofia Franklyn and Alexandra Cooper were relatively unknown. They were two New York City friends candidly dishing about dating and sex without any euphemisms on the internet. (1) Barstool Sports saw…
CAFC Side Steps 314(a) Controversy on Procedural Grounds As detailed back in September, there were separate attacks launched against the PTAB’s practice of denying AIA trial petitions in favor of advancing district court trial dockets . The first was…
By now, other commentators have posted on this Fed. Cir. decision ( Appeal no. 2019 -1133, Sept. 28, 2020 )—and found it to be a routine reversal of a district court’s relying on “source limitations” to find claims to a recombinant…
PTAB Invalidation of Original Claims Bars Pre-issue Damages for Reissued Claims A surprisingly underutilized patenting mechanism — the reissue patent application — should be an essential component of any portfolio building practice. The reissue…
This post will briefly discuss the Fed. Cir.’s denial of rehearing en banc – which left the modified panel opinion stand. The lengthy panel opinion has been the subject of my last three posts, and you should read them before you read this one,…
My first post on this troubling decision is dated August 3rd. If you have not already, please read it before you read this one. It focuses on the two judge majority opinion, that found that a claim to a method for manufacturing a “propshaft”…
IN RE BOLORO GLOBAL LIMITED Before Lourie, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: When administrative patent judges are unconstitutionally appointed, their decisions in ex parte appeals must be vacated. The PTAB issued…
Until I read that another commentator wrote that the split panel decision in Illumina v. Ariosa Diagnostics, Appeal No. 2019-1419 (Fed. Cir., March 17, 2020) struck a hopeful note in the patent eligibility wars, I confess that I had missed this decision…
Traditionally, it has been fairly uncommon to see new legislation in intellectual property (IP) law, compared to other areas of law. Instead, courts have generally been the avenue through which changes in IP law have been brought about and, for some, the…
Written by : Tom Cowan Shutdown orders due to the COVID-19 virus pandemic have created economic disruption, causing companies to scale back on intellectual property (IP) expense. This creates an opportunity to move ahead of the competition. This is…
Last week we analyzed the 1,000 most active companies by the number of patents to identify the top five with the highest cost of prosecution ( Patexia Insight 82 ). We believe companies increase their spending on prosecution if they think the underlying…
