Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Amgen, Inc. v. Amneal Pharmas. LLC et al Before Newman, Lourie, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: An examiner amendment may give rise to prosecution history estoppel, even when the examiner suggests the…
On December 11, 2019, the PTAB designated two additional decisions as “informative.” Such informative decisions are not binding on subsequent panels, but are meant to provide guidance on recurring issues encountered by PTAB panels in post-grant…
PTAB 2019: A Year of New Precedent There were a number of high profile developments at the Patent Trial & Appeal Board (PTAB) in 2019. New procedures for amending claims , Practice Guide updates to thwart parallel petition filings , a successful…
Happy New Year! This morning, we released our first ITC Intelligence Report , where we looked at more than 7,000 attorneys, 400 law firms and 1,600 companies, measured their performance and activity over the last six years. In 2020, we plan to expand our…
CASE OF THE WEEK Persion Pharms. LLC v. Alvogen Malta Operations Ltd. , Appeal No. 2018-2361 (Fed. Cir. Dec. 27, 2019) In this week’s Case of the Week, the Federal Circuit affirmed a district court judgment finding asserted claims of related…
CASE OF THE WEEK Blackbird Tech LLC v. Health in Motion LLC , Appeal No. 2018-2393 (Fed. Cir. Dec. 16, 2019) In this week’s Case of the Week, the Federal Circuit affirmed a fee award against prevailing defendants, enumerating multiple supporting…
Totality of Circumstances for Determining Public Accessibility Over the years, the Patent Trial & Appeal Board had become panel dependent in assessing questions of public accessibility at institution. Some panels seemed to require a showing of a likelihood…
CAFC Faults PTAB Nexus Presumption A proper obviousness analysis under Graham v. John Deere analyzes four factors: (1) the scope and content of the prior art; (2) the differences between the prior art and the patent claims; (3) the level of ordinary skill…
FOX FACTORY, INC. v. SRAM, LLC Before Prost, Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board (PTAB). Summary: When a commercial product contains unclaimed features, a presumption of nexus between the claims and secondary consideration…
SYNGENTA CROP PROTECTION, LLC v. WILLOWOOD, LLC Before Reyna, Taranto, and Stoll. Appeal from the U.S. District Court for the Middle District of North Carolina. Summary : Infringement under § 271(g) does not require a single entity to perform, direct,…
Gov’t Questions Fundamental Aspects of Court Decision As promised, the government has now sought en banc rehearing in Arthrex . In its petition, the government revisits the bases for the Court’s October decision and encourages the Court to also…
AMGEN INC. v. HOSPIRA, INC. Before Moore, Bryson, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: Biological engineering activity that would otherwise constitute patent infringement is protected under a safe…
