Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
User Manuals & Corresponding Product Estoppel under 315(e)(2) District courts continue to grapple with whether or not physical products described by prior art publications of an earlier Patent Trial & Appeal Board (PTAB) trial are subject to estoppel. That…
ANZA TECHNOLOGY, INC. v. MUSHKIN, INC. Before Prost, Newman, and Bryson . Appeal from the United States District Court for the District of Colorado. Summary : Patent infringement claims in an amended complaint may relate back to the date of an original…
NALPROPION PHARMACEUTICALS, INC. v. ACTAVIS LABORATORIES FL, INC. Before Prost, Lourie and Wallach. Appeal from the U.S. District Court for the District of Delaware. Summary : A “substantially equivalent” disclosure may satisfy the written…
During the last couple of weeks, we have been covering law firms that had the largest decline ( Patexia Insight 66 ) or growth ( Patexia Insight 67 ) in their IPR caseloads over the last five year. We attempted to find the sources of the change in the…
CASE OF THE WEEK Nalpropion Pharmaceuticals, Inc. v. Actavis Laboratories, FL, Inc. , Appeal No. 2018-1221 (Fed. Cir. Aug. 15, 2019) This week’s Case of the Week focuses on issues relating to written description and obviousness in a Hatch-Waxman…
SWAGWAY, LLC v. ITC [REVISED OPINIO N - PRECEDENTIAL] Before Dyk, Mayer, and Clevenger . Appeal from the International Trade Commission. Summary : Although the ITC must strictly comply with its rules, failure to do so may constitute harmless error.…
SANOFI-AVENTIS U.S., LLC v. FRESENIUS KABI USA, LLC Before Lourie , Moore, and Taranto. Appeal from the United States District Court for the District of New Jersey. Summary : District courts lack the authority to declare disclaimed patent claims invalid…
A decision from the Federal Circuit clarified how the USPTO should analyze evidence of fame under the fifth DuPont factor. The decision sheds light on how fashion brands can establish that their marks are famous through advertising, advertising channels,…
MTD PRODUCTS INC. V. IANCU Before Reyna, Taranto, and Stoll . Appeal from the PTAB. Toro petitioned for IPR of an MTD Products patent relating to lawnmowers. MTD argued the term “mechanical control assembly” was a means-plus-function term. The…
Issue Joinder on the Way Out? As discussed some months back, the Patent Trial & Appeal Board’s (PTAB) new Precedential Opinion Panel (POP) decided its first case in Proppant Express Investments v. Oren Technologies , Case IPR2018-00914 (PTAB Mar. 13,…
Acantha LLC sued Depuy Synthes Sales Inc. and DePuy Synthes Products, Inc., alleging that Depuy’s Vectra and Zero-P VA products infringe U.S. Reissued Patent No. RE 43,008. The patent relates to an orthopedic implant used for joining bone segments. A…
IRIDESCENT NETWORKS, INC. v. AT&T MOBILITY, LLC Before Prost, Reyna and Taranto. Appeal from the U.S. District Court for the Eastern District of Texas Iridescent sued AT&T and Ericsson for infringement of a patent relating to network communication that…
