Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
The disclosure requirements that will meet the written description requirement of s. 112(1) had a fairly mundane priority policing role prior to the expansion of the importance of the requirement in the biotech cases leading up to the en banc Ariad…
In Re Personal Web Technologies LLC Before Wallach, Bryson, and Taranto. Appeal from the United States District Court for the Northern District of California. Summary: The Kessler doctrine is not limited to cases involving a finding of non-infringement; it…
Board Acknowledges Slipping WDTX Trial Date Some weeks back I highlighted the institution decision in Sand Revolution II LLC., v. Continental Inter Modal Group – Trucking LLC. (IPR2019-01393), which held that despite most General Plastic Factors…
CASE OF THE WEEK Munchkin, Inc. v. Luv N’ Care, Ltd. , Appeal No. 2019-1454 (Fed. Cir. June 8, 2020) In its only precedential patent opinion issued this week, the Federal Circuit reversed an award of attorneys’ fees for patent, trademark, and…
MUNCHKIN, INC. V. LUV N’ CARE LTD Before Dyk, Taranto, and Chen. Appeal from the Central District of California. Summary: when a litigant seeks fees for an exceptional case based on issues that were not fully adjudicated at the district court, the…
CASE OF THE WEEK Amneal Pharmaceuticals LLC v. Almirall, LLC , Appeal No. 2020-1106 (Fed. Cir. June 4, 2020) In the Federal Circuit’s only precedential case this week, the Court addressed issues relating to attorneys’ fees and costs on appeal…
Written by : Adam Powell & T iffany Young AMNEAL PHARMACEUTICALS LLC v. ALMIRALL, LLC Before Dyk, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: While the Federal Circuit may be able to award fees under Section 285 for work…
On May 12, 2020, the United States Patent and Trademark Office issued over 700 new design patents. Fashion-related designs figured prominently among the new patent grants including accessories like eyeglasses (see U.S. Design Patent Nos.…
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…
NPRM to Codify Existing Practices with Notable Exception The United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking today to update its rules to conform to SAS Institute Inc. v. Iancu, 138 S. Ct. 1348 (2018). That is, the…
MCRO, INC. v. BANDAI NAMCO GAMES AMERICA Before Reyna, Mayer and Taranto. Appeal from the United States District Court for the Central District of California. Summary: The scope of a claim term may be limited when intrinsic evidence establishes the context…
ODYSSEY LOGISTICS AND TECH. v. IANCU Before Lourie, Reyna and Hughes. Appeal from the United States District Court for the Eastern District of Virginia. Summary: PTO procedural actions are not appealable before the Board has issued a final decision.…
