Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Orders Stave Off Further Remands….For Now During last week’s argument in Polaris, appellant argued that the Court’s fix to the PTAB’s Appointments Clause problem was insufficient. According to appellant, “reviewability”…
CASE OF THE WEEK Telefonaktiebolaget LM Ericsson v. TCL Corporation , Appeal Nos. 2017-2381, -2385 (Fed. Cir. Nov. 7, 2019) In this week’s Case of the Week, the Federal Circuit reviewed two inter partes review decisions of unpatentability that turned…
Reasonably Could Have Raised & Reasonably Diligent Prior to last year’s SAS decision , district courts split over whether non-petitioned grounds were embraced by the “reasonably could have raised” aspect of 35 U.S.C. §§…
AIRBUS S.A.S. v. FIREPASS CORPORATION Before Lourie, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Whether an asserted prior art reference is reasonably pertinent to the particular problem solved by the invention, and thus…
TELEFONAKTIEBOLAGET LM ERICSSON v. TCL CORPORATION Before NEWMAN, LOURIE, and CLEVENGER. Appeal from the Patent Trial and Appeal Board. Summary: Publications shelved in publicly accessible libraries may be publicly available prior art references as of the…
Appointments Clause Argument Forfeited if Not Raised in Opening Brief With the ink barely dry on Thursday’s Federal Circuit ruling that the Administrative Patent Judges (APJs) of the Patent Trial & Appeal Board (PTAB) were unconstitutionally…
The U.S. Patent and Trademark Office (USPTO) allows for a trademark application to be filed on an “Intent to Use” basis to establish a priority date before the mark is actually “used in commerce.” However, such use in commerce must…
CASE OF THE WEEK Arthrex, Inc. v. Smith & Nephew, Inc. , Appeal No. 2018-2140 (Fed. Cir. Oct. 31, 2019) In the most important case to affect America Invents Act review proceedings this year, the Federal Circuit struck down a portion of the America Invents…
In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., Oct. 31, 2019) , a three Judge Fed. Cir. panel of Moore, Reyna and Chen took a deep dive into the appointments clause of the constitution and held that PTAB judges (“…
Well, that Escalated Quickly… On the heels of the supplemental briefing discussed yesterday , the Federal Circuit has already issued its decision in Arthrex Inc. v. Smith & Nephew, Inc. The Court has vacated and remanded the decision, ordering a new…
IDENIX PHARMACEUTICALS LLC v. GILEAD SCIENCES INC. Before Prost, Newman, and Wallach. Appeal from the United States District Court for the District of Delaware. Summary: Synthesizing and screening tens of thousands of compounds to identify those within the…
LIQWD, INC. v. L'OREAL USA, INC. Before Reyna, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Evidence of copying was relevant to nonobviousness even though the copied feature came from an unpublished patent application…
