Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
Written by : Savannah J. Torborg and Kendall Loebbaka BULLSHINE DISTILLERY LLC v. SAZERAC BRANDS, LLC Before Moore , Reyna and Taranto. Appeal from the Trademark Trial and Appeal Board. Summary : In assessing genericness, the TTAB considers how the mark…
Written by : Baiyu Zhu and Jacob R. Rosenbaum SAGE PRODUCTS, LLC v. STEWART [OPINION] Before Reyna, Cunningham, and Stark . Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary : The Board did not abuse its…
Written by : Luke D. Holbrook and Jacob R. Rosenbaum DOLLAR FINANCIAL GROUP, INC. v. BRITTEX FINANCIAL, INC. [OPINION] Before Prost, Taranto, and Hughes . Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary…
CASE OF THE WEEK In re: Riggs , Appeal No. 2022-1945 (Fed. Cir. Mar. 24, 2025) Our Case of the Week explores the power of an examiner to request a rehearing after the Board has entered a decision on an application. The case also relates to determining when…
Written by : Alistair J. McIntyre and Agnes Juang, Ph.D. On March 17, 2025, a bipartisan group of senators introduced two bills intended to decrease the cost of prescription drugs. The sponsors include Chuck Grassley (R-Iowa), John Cornyn (R-Texas),…
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…
