Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Last couple of weeks, we looked at the impact of COVID-19 and recession on IP, specifically patent prosecution. We concluded that there would be at least two to four percent decline in the number of applications for the next couple of years ( Patexia…
CARDIONET, LLC v. INFOBIONIC, INC Before Dyk, Plager, and Stoll. Dyk dissenting in part. Appeal from the District of Massachusetts. Summary: Alice step one is a threshold inquiry that can be resolved by analyzing the intrinsic record without considering…
STRATUS NETWORKS, INC. v. UBTA-UBET COMMUNICATIONS INC. Before Moore, Lourie, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: The absence of explicit findings on particular DuPont factors used by the Board to assess whether there is a…
Additional Briefing Invited on Binary Application of NHK Last week I pointed out that the litigation timing factor introduced by NHK Spring Co. Ltd. v. Intri-Plex Technologies Inc., has effectively swallowed the entirety of the General Plastic factors in…
ERICSSON INC. v. TCL COMMUNICATION TECHNOLOGY Before Prost, Newman, and Chen. Appeal from the Eastern District of Texas. Summary: The issue of patent eligibility under § 101 may be preserved for appeal even if not raised for decision or mentioned in…
GOLDEN v. U.S. Before O’Malley, Mayer, and Wallach. Appeal from the United States Court of Federal Claims. Summary: (1) Patent infringement claims against the government must be brought under 28 U.S. § 1498, not as a Fifth Amendment taking…
BOZEMAN FINANCIAL LLC V. FEDERAL RESERVE BANK Before Lourie, Dyk, and Moore. Appeal from the Patent Trial and Appeal Board. Summary: Banks that are members of the Federal Reserve System but are operationally distinct from, and not owned by, the federal…
Cert Petitions Pursue Takings Clause Argument Last week, Arthrex filed a petition for certiorari challenging the holding of the Federal Circuit that its Appointments Clause challenge was forfeited. (a companion case to the one that has received all of the…
O.F. MOSSBERG & SONS, INC. v. TIMNEY TRIGGERS, LLC Before Lourie, Reyna, and Hughes. Appeal from the United States District Court for the District of Connecticut. Summary: A stay, followed by a voluntary dismissal, is not a final court decision capable of…
Written by : James Yang & Mark Kachner NEVRO CORPORATION v. BOSTON SCIENTIFIC CORPORATION Before Moore, Taranto, and Chen. Appeal from U.S. District Court for the Northern District of California. Summary: Functional claim term directed at avoiding a side…
CAFC Decision Moots Some POP Consideration in Hunting Titan Dispute Last November, the PTAB ordered Precedential Opinion Panel (POP) review of the final written decision in Hunting Titan, Inc. v. DynaEnergetics GmbH & Co. KG, Inc., IPR2018-00600. The…
Technical Consumer Prods., Inc. v. Lighting Science Grp Corp . Before Dyk, Chen, and Stoll; Appeal from the P.T.A.B. Summary: A term with a narrow antecedent basis in an open ended claim may allow a wider range of prior art references to anticipate…
