Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
About 40 years ago, marketing strategists Al Ries and Jack Trout offered the world a way to think about making a brand memorable. The best way to be remembered is to be first into your prospect’s mind representing a clear perception. 1. We often see…
A few weeks ago, for the first time, we compared the cost of patent prosecution for Apple’s top firms ( Patexia Insight 77 ). One of our readers asked if we could find any correlation between the cost of development of a portfolio and the actual…
IN RE: CHRISTOPHER JOHN RUDY Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Patent and Trademark Office’s October 2019 Revised Patent Subject Matter Eligibility Guidance cannot be used to modify…
ARGENTUM PHARM. LLC v. NOVARTIS PHARM. CORP. Before Lourie, Moore, and Reyna. Appeal from the U.S. Patent and Trademark Office, Patent Trial and Appeal Board. Summary: A party lacks standing to appeal an adverse IPR decision if it cannot show an injury…
HOLOGIC, INC. v. MINERVA SURGICAL, INC. Before Wallach, Clevenger, and Stoll. Appeals from the United States District Court District of Delaware. Summary: The doctrine of assignor estoppel precludes an assignor from challenging the validity of a patent in…
ROMAG FASTENERS, INC. v. FOSSIL, INC. Before the Supreme Court of the United States. On Writ of Certiorari to the United States Court of Appeals for the Federal Circuit. Summary: Trademark owners are not required to show willfulness as a precondition to an…
Public Policy Role of PTAB Clashes with Assignor Estoppel Equities The doctrine of assignor estoppel prevents prior owners/inventors of a patent from later challenging the patent’s validity. Assignor estoppel’s premise is that the assignor…
In October 2019, professional photographer Michele Eve Sandberg filed a complaint against musical trio Jonas Brothers (both as an entity and as individuals) for unauthorized use of photos Sandberg snapped of the band during their “Happiness…
BIOGEN INTERNATIONAL GMBH v. BANNER LIFE SCIENCES LLC Before Lourie, Moore, and Chen. Appeal from the U.S. District Court for the District of Delaware Summary: If a claimed product is not the active ingredient of an FDA-approved product, or an ester or…
SCOTUS Clarifies PTAB Institution Issues Not Subject to Appeal Back In December I pointed out that the SCOTUS would likely tighten the PTAB appeal bar in Dex Media Inc. v. Click-To-Call Technologies, LP, explaining that, based on the oral argument, that…
SPIGEN KOREA CO., LTD. v. ULTRAPROOF, INC. Before Newman, Lourie, and Reyna. Appeal from the Central District of California. Summary: Summary judgment of obviousness is improper for a design patent if there is a genuine dispute as to whether a prior art…
This decision, Appeal No. 2019-1149 (Fed. Cir. April 17th 2020) should have required about 13 pages and could have ended after the first paragraph under Section A. Instead, a split panel required a 23 page majority decision and a 10 page dissent, largely…
