Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
NIKE, INC. v. ADIDAS AG Before Lourie, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Patent Trial and Appeal Board may sua sponte identify a patentability issue for a proposed substitute claim based on the prior art of…
VALEANT PHARMACEUTICALS INTL. v. MYLAN PHARMACEUTICALS INC. Before Lourie, Reyna, and Hughes. Appeal from the United States District Court for the District of New Jersey. Summary: Prior art ranges for solutions of structurally and functionally similar…
In BASF Corp. v. SNF Holding Co, Appeal No. 2019-1243 (Fed. Cir., April 8 2020), a Fed. Cir. panel of Judges Lourie, Moore and Chen – Lourie writing—reviewed the district court’s holding that a BASF patent (U.S. Pat. No. 5,663,329) on a…
In Re FORNEY INDUSTRIES, INC. Before Dyk, O’Malley, and Chen. Appeal from the Trademark Trial and Appeal Board. Summary: Multi-colored marks may be inherently distinctive when used on product packaging. Forney filed a Trademark Application for a…
NHK Swallows General Plastic The America Invents Act (AIA) was passed into law in 2011 to provide a more cost-effective, faster alternative to district court patent litigation. At the time, bill sponsors explained that some of America’s largest…
KEITH MANUFACTURING CO. v. BUTTERFIELD Before Taranto, Clevenger, and Hughes. Appeal from the United States District Court for the District of Oregon. Summary: A voluntary dismissal with prejudice under Rule 41(a) does not preclude consideration of…
Coronavirus and its global impact have affected almost every sector of the economy. With all of the job losses and the continued lockdown in more than 80% of US cities, at this point, it is clear we are in one of the worst recessions in recent decades.…
Invalidity Counterclaims-In-Reply Will Not Trigger 35 U.S.C. § 315(a) Congress created IPR to provide a “quick and cost effective alternative[ ] to litigation.” To fulfill that role, Congress limited a party’s ability to seek an IPR…
MYCO INDUSTRIES, INC. v. BLEPHEX, LLC Before Newman, O’Malley, and Taranto. Appeal from the U.S. District Court for the Eastern District of Michigan Summary: Enjoining a patentee from making statements about potential patent infringement requires a…
This “Guide” is a 1528 page book published by the Chartered Institute of Patent Attorneys via Thomson Reuters, and edited by Paul Cole and Richard Davis. Of course, it mostly focused on UK patent law, but draws upon a variety of sources,…
Most Patent/Trademark Prosecution Dates Extendible – Some PTAB The United States Patent and Trademark Office (USPTO) today announced extensions to the time allowed to file certain patent and trademark-related documents and to pay certain required…
PTAB May Not Create a New Ground of its Own, But Can Rely on Additional Art in Support of a Petition Ground Recently, the Federal Circuit in Philips v. Google ( here ) explained that the Patent Trial & Appeal Board (PTAB) may only institute trial on…
