Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
CASE OF THE WEEK Kroy IP Holdings, LLC v. Groupon Inc. , Appeal No. 2023-1359 (Fed. Cir. Feb. 10, 2025)‎ After an inter partes review finds certain claims of a patent unpatentable, may the patentee assert other claims, immaterially different, in…
Written by : Justin K. Theam and Kendall Loebbaka KROY IP HOLDINGS, LLC v. GROUPON, INC. Before Prost, Reyna , and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary : Because there are different burdens of proof in IPRs and…
Written by : Matthew J. Petersen and Jeremy Anapol TRUDELL MED. INT’L INC. V. D R BURTON HEALTHCARE, LLC Before Moore , Chen, and Stoll. Appeal from the U.S. District Court for the Eastern District of North Carolina. Summary : The district court…
Written by : Douglas B. Wentzel HD SILICON SOLUTIONS LLC v. MICROCHIP TECHNOLOGY INC. Before: Lourie , Stoll, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary : A patent’s specification established a naming convention that…
CASE OF THE WEEK Trudell Medical International Inc. v. D R Burton Healthcare, LLC , Appeal Nos. 2023-1777, -1779 (Fed. Cir. Feb. 7, 2025) This week’s Case of the Week presents a cautionary tale for litigators to be sure they’ve timely complied…
CASE OF THE WEEK Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc. , Appeal Nos. 2024-1965, -1966, -2082, -2083 (Fed. Cir. Jan. 29, 2025) Our Case of the Week is a 31-page decision that touches on a variety of issues, including personal…
Written by : Bryant Chen & Nathan D. Reeves STEUBEN FOODS, INC. v. SHIBUYA HOPPMANN CORPORATION Before Moore , Hughes, and Cunningham. Appeal from the United States District Court for the District of Delaware. Summary : Conflicting expert testimony…
Written by : Arash Pia & Daniel Kiang APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC. Before Lourie, Dyk , and Hughes. Appeals from the United States Patent and Trademark Office. Summary : The Patent Trial and Appeal Board has jurisdiction over IPRs…
CASE OF THE WEEK Bearbox LLC v. Lancium LLC , Appeal No. 2023-1922 (Fed. Cir. Jan. 13, 2025) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s determination that appellants Bearbox and Austin…
Written by : Brianne M. Kingery and Daniel P. Hughes LYNK LABS, INC. v. SAMSUNG ELECTRONICS CO., LTD. Before Lourie, Prost , and Stark Summary: In an IPR, a patent application is considered a “printed publication” as of the application’s…
Written by : Raymond S. Lu and Douglas B. Wentzel NOVARTIS PHARMACEUTICALS CORPORATION v. TORRENT PHARMA INC. Before Lourie , Prost, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary : A patent was not invalid for lack of…
Written by : Nefi R. Oliva and Justin J. Gillett BearBox, LLC, Austin Storms, v. Lancium LLC, Michael T. McNamara, Raymond E. Cline, Jr. Before Chen, Bryson, and Stoll . Appeal from United States District Court for the District of Delaware. Summary :…
