Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
A Delaware jury has awarded Wasica Finance over $31 million in patent damages against Schrader Int’l. In 2013, Wasica accused Schrader Int’l of infringing a patent entitled “Device for Monitoring and the Air-Pressure in Pneumatic Tires…
GE Argues CAFC Patent Exceptionalism Back in July, I predicted that competitor standing in PTAB appeals was a debate destined for cert petition . That petition was filed last Wednesday in Gen. Elec. Co. v. United Techs. Corp. (“GE”) As a…
CASE OF THE WEEK In re: Google LLC , Appeal No. 2019-126 (Fed. Cir. Feb. 13, 2020) In this week’s Case of the Week, the Federal Circuit granted mandamus to dismiss or transfer a patent infringement suit for improper venue. At issue was whether the…
CAFC Implies PTO Might Overlook Some 112 Issues The Patent Trial & Appeal Board (PTAB) does not accept trial grounds under 35 U.S.C § 112 in Inter Partes Review. This is because the IPR statutes only authorize trial grounds based on patents and…
CASE OF THE WEEK Samsung Electronics America, Inc. v. Prisua Engineering Corp. , Appeal No. 2019-1169, -1260 (Fed. Cir. Feb. 4, 2020) Our case of the week concerns issues particular to inter partes review proceedings and, specifically, how seemingly…
Written by : Eric Malmgren & Hans L. Mayer APPLE INC. v. ANDREA ELECTRONICS CORPORATION Before Dyk, Plager, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: An IPR petitioner relying on a prior-art algorithm is not required to discuss all…
In Galderma Labs. v. Teva Pharm. USA, Inc. , Appeal Nos. 2019-2396 and 2020-1213 (Fed. Cir,. January 29, 2020), a Fed. Cir. panel of Judges Moore, O’Malley and Stoll reversed a district court finding that three Galderma patents (US Pat. Nos.…
CHEETAH OMNI LLC v. AT&T SERVICES, INC. Before Lourie, Bryson, and Chen. Appeal from the United States District Court for the Northern District of Texas. Summary: The express license of a patent includes an implied license for its continuations, including…
HVLPO2, LLC v. OXYGEN FROG, LLC Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida. Summary: It is an abuse of discretion to permit a witness to testify as an expert on issues of…
Discretionary Consideration Bars ReturnMail Side-Step Via Intervenor Last fall, I explained that the Patent Trial & Appeal Board (PTAB) was considering the relationship of government contractors in Court of Federal Claim (COFC) patent disputes against the…
CASE OF THE WEEK Koninklijke Philips N.V. v. Google LLC, et al. , Appeal No. 2019-1177 (Fed. Cir. Jan. 30, 2020) In the Federal Circuit’s only precedential decision this week, the Court affirmed a PTAB finding that claims of a patent directed to…
KONINKLIJKE PHILIPS N.V. v. GOOGLE LLC Before Prost, Newman, and Moore. Appeal from Patent Trial and Appeal Board. Summary: The Board can institute IPR only on grounds raised in a petition. Additionally, the Board can rely on general knowledge of a skilled…
