Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
CASE OF THE WEEK ESIP Series 2, LLC v. Puzhen Life USA, LLC , Appeal No. 2019-1659 (Fed. Cir. May 19, 2020) In this week’s Case of the Week, the Federal Circuit affirmed an inter partes review decision finding challenged claims obvious, extending…
Before you read this post, please read or re-read my post of March 9, 2020, that summarized the panel decision in some detail. The case involves the district court’s finding of inequitable conduct by both CleanTech and their attorneys via a bench…
ESIP SERIES 2, LLC V. PUZHEN LIFE USA, LLC Before Reyna, Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s determination that an IPR petition identifies all real parties in interest is final and non-appealable.…
PTAB Appeals Focused on Merits The SCOTUS re-calibrated the PTAB’s appeal bar in Thryv, Inc v. Click-To-Call Techs ., LP., explaining that potential violations of 35 U.S.C. § 315(b) were too closely related to the institution determination of…
COCHLEAR BONE ANCHORED SOLUTIONS AB V. OTICON MED. AB Before Taranto, O’Malley, and Newman. Appeal from the Patent Trial and Appeal Board. Summary: Anticipation and obviousness analysis by the PTAB is not impossible when some but not all claimed…
Running a profitable patent prosecution practice has become more challenging in recent years. The recession triggered by the current pandemic is going to make this even worse in the coming years ( Patexia Insight 79 ). This means patent attorneys will have…
Lanard Toys Limited v. Dolgencorp LLC, Ja-Ru, Inc., and Toys “R” US Before Lourie, Mayer, and Wallach. Appeal from the District Court for the Middle District of Florida. Summary: A useful article is not copyrightable if the asserted expression…
CASE OF THE WEEK Schwendimann v. Arkwright Advanced Coating, Inc. , Appeal Nos. 2018-2416, et al. (Fed. Cir. May 5, 2020) (unsealed May 13, 2020) In this recently unsealed precedential opinion, the Federal Circuit addressed issues concerning standing to…
ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC v. SHOPPERSCHOICE.COM, LLC Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Southern District of Florida. Electronic Communication Technologies, LLC (“ECT”) sued…
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…
Before O’Malley, Moore, and Chen. Appeal from the Patent Trial and Appeal Board. VIRNETX INC. v. CISCO SYSTEMS, INC. (Denying Panel Rehearing) VIRNETX INC. v. CISCO SYSTEMS, INC. (Denying Rehearing En Banc) Summary: When administrative patent judges…
SCHWENDIMANN V. ARKWRIGHT ADVANCED COATING, INC . Before Wallach, Reyna, and O’Malley. Appeal from the United States District Court for the District of Minnesota. Summary: Exclusionary rights in a patent are a prerequisite to obtaining relief for…
