Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
Written by : Geetha Durairaj, Ph.D. and Justin J. Gillett US SYNTHETIC CORP. v. INTERNATIONAL TRADE COMMISSION Before Dyk, Chen , and Stoll. Appeal from the U.S. International Trade Commission. Summary : The Federal Circuit found claims reciting magnetic…
Written by : Kelsey S. Weinman and Jacob R. Rosenbaum ALIVECOR, INC. v. APPLE INC. Before Hughes, Linn, and Stark . Appeal from Patent Trial and Appeal Board. Summary : A party in a PTAB proceeding forfeits the ability to challenge an opposing…
Written by : Susan E. Pratt, Ph.D. and Nathan D. Reeves LASHIFY, INC. V. ITC Before Prost, Taranto , and Chen. Appeal from the U.S. International Trade Commission. Summary : Warehousing, quality control, distribution, sales, and marketing expenses incurred…
Written by : Kenneth O. Aruda, Ph.D. and Nathan D. Reeves RESTEM, LLC v. JADI CELL, LLC Before Moore , Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : Inherency in product-by-process claims requires the prior art process to…
Written by : Matthew S. Whitehead and Daniel Kiang ODYSSEY LOGISTICS & TECHNOLOGY CORP. v. STEWART Before Dyk , Reyna, and Stoll. Appeal from the United States District Court for the Eastern District of Virginia. Summary : A patent applicant forfeited its…
Written by : James Raleigh and Daniel Kiang IMMUNOGEN, INC. v. STEWART Before Lourie , Dyk, and Prost. Appeal from the United States District Court for the Eastern District of Virginia. Summary : A solution to a problem can be obvious even when the problem…
Written by : Isabella C. Pestana and Justin J. Gillett IN RE: XENCOR, INC. Before Hughes, Stark, and Schroeder (sitting by designation). Appeal from the U.S. Patent and Trademark Office, Patent Trial and Appeal Board. Summary : To provide adequate written…
Written by : Tyler S. Cox and Nathan D. Reeves APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC Before Moore, Prost , and Stoll. Appeal from the Patent Trial And Appeal Board. Summary : A patent owner forfeits its argument that an IPR petitioner lacks…
Written by : Jae Jin Lee and Douglas B. Wentzel CQV CO., LTD. v. MERCK PATENT GMBH Before Cunningham , Chen, and Mayer. Appeal from the Patent Trial and Appeal Board. Summary : The Board erred by failing to explain why it discarded material and unrebutted…
Written by : Joshua M. Martineau and Douglas B. Wentzel SIERRA WIRELESS, ULC V. SISVEL S.P.A. Before Moore , Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : The Board erred by finding method-claim steps connected by…
Written by : Charles J. Sirek and Jacob R. Rosenbaum IQRIS TECHNOLOGIES LLC v. POINT BLANK ENTERPRISES, INC. Before Lourie , Linn, and Stoll. Appeal from the United States District Court for the Southern District of Florida Summary : The district court…
CASE OF THE WEEK In re: Xencor, Inc. , Appeal No. 2024-1870 (Fed. Cir. Mar. 13, 2025) Our case of the week is an appeal from a decision of the Appeals Review Panel of the Patent Trial and Appeal Board, concerning Xencor’s patent application titled…
