Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
CASE OF THE WEEK American Axle & Manufacturing, Inc. v. Neapco Holdings LLC , Appeal No. 2018-1763 (Fed. Cir. Oct. 3, 2019) In this week’s Case of the Week, the Federal Circuit considered whether patent claims directed to methods of manufacturing…
OSI PHARMACEUTICALS, LLC v. APOTEX INC Before Stoll , Newman, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : A pharmaceutical company’s statement touting the completion of Phase I safety trials for FDA approval is not…
AMERICAN AXLE & MANUFACTURING, INC. v. NEAPCO HOLDINGS LLC Before Dyk , Moore, Taranto. Appeal from the United States District Court for the District of Delaware. Summary : Mechanical method claims involving tuning automotive propshafts to dampen…
Director Determinations Cannot be Made by an AIA Trial Panel Motion practice in AIA trial proceedings is typically limited to the handful of motions that may be filed as a matter of right. (Pro hac, Joinder, Exclude, Amendment). Prior authorization must be…
HONEYWELL INTERNATIONAL, INC. v. ARKEMA INC., ARKEMA FRA NCE Before Newman, Reyna , and Hughes. Appeal from the Patent Trial and Appeal Board Summary: The Patent Trial and Appeal Board (“Board”) does not have the authority to determine when a…
Analyzing large patent portfolios has been challenging. This is one of the major factors that has made patents an illiquid asset class. Discovering infringements is often random. No easy or scalable process yet exists that could uniformly be applied to…
A New Jersey jury has awarded Eagle View Technology $125 million in patent damages. Eagle View originally sued its competitor Verisk and its subsidiary corporation Xactware, for infringing nine patents related to software for developing 3D models from…
CASE OF THE WEEK SIPCO, LLC v. Emerson Electric Co. , Appeal No. 2018-1635 (Fed. Cir. Sept. 25, 2019) In this appeal of the Patent Trial and Appeal Board’s (PTAB) final written decision regarding covered business method (CBM) review of SIPCO’s…
CAMPBELL SOUP COMPANY v. GAMON PLUS, INC. Before Prost, Newman and Moore . Appeal from the Patent Trial and Appeal Board. Summary: A proper primary reference can have slight differences in design if, in light of overall similarities, it conveys basically…
SIPCO, LLC v. EMERSON ELECTRIC CO. Before O’Malley, Reyna, and Chen . Appeal from the Patent Trial and Appeal Board. Reyna concurring-in-part and dissenting-in-part Summary : The language “unobvious over the prior art” in the…
Agency Discretion May Permit Joinder of New Party Claims Issue joinder practice at the Patent Trial & Appeal Board (PTAB) has had a storied history to date. As a reminder, the debate at the agency (spawning the now infamous “panel stacking”…
CASE OF THE WEEK Inspired Development Grp, LLC v. Inspired Products Grp., LLC , Appeal No. 2018-1616 (Fed. Cir. Sept. 18, 2019) Our first patent case of the week is not, according to the Federal Circuit, a patent case after all. Rather, applying the…
