Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
A couple of weeks ago, we reported the quarterly numbers for patent litigation. To our surprise, we noticed a 22 percent jump in district court patent litigation in Q2 compared to Q1 of 2019 ( Patexia Insight 64 ). This happened after several consecutive…
SAMSUNG ELECTRONICS CO., LTD. v. INFOBRIDGE PTE. LTD. Before Newman, Schall, and O’Malley . Appeal from the Patent Trial and Appeal Board. Summary : A reference must be publicly accessible, not actually accessed, before the critical date to qualify…
On Wednesday, Senator Coon—of 101 hearings fame—and five co-sponsors introduced the Stronger Patents Act in the Senate (“Support Technology & Research for Our Nation’s Growth and Economic Resilience”). About 22 of the…
On July 14, 2019, the USPTO published a second update to the AIA Trial Practice Guide with additional guidance about trial practice before the Board. This latest update, while lengthy, does not introduce many significant changes from established practice,…
CASE OF THE WEEK General Electric Co. v. United Techs. Corp. , Appeal No. 2017-2497 (Fed. Cir. July 10, 2019) The Case of the Week focuses on standing to bring an appeal of an adverse decision by the PTAB in an IPR. The Federal Circuit held that GE did not…
QUAKE v. LO Before Reyna, Chen , and Hughes. Appeal from the Patent Trial and Appeal Board (“PTAB”). Summary : A claimed method must be expressly described as a whole in order to satisfy the written description requirement. Dr. Quake and Dr. Lo…
CISCO SYSTEMS, INC. v. TQ DELTA, LLC Before Newman, Linn, and Wallach . Appeal from Patent Trial and Appeal Board. Summary: It is improper to read limitations from a preferred embodiment described in the specification into claims without any clear…
2015, 2017, 2018, 2019… The Stronger Patents Act just wont go away. While the bill has been introduced several times over the years, it has never gotten any significant traction. Since its initial introduction, several of the bill’s Patent…
GENERAL ELECTRIC CO. V. UNITED TECHNOLOGIES CORP. Before Reyna , Taranto, and Hughes. Appeal from the Patent and Trial Appeal Board. Summary : A petitioner who loses an IPR must proffer specific evidence of competitive injury or economic loss to establish…
Non-precedential Decision Faults Long-Standing PTAB Practice Securing additional IPR discovery at the Patent Trial & Appeal Board is a challenge . This is because, such discovery is not accorded as a matter of right, but in the interests of justice. And,…
TQ Delta LLC v. Dish Network LLC Before: Newman, Linn, and Wallach . Appeal from the Patent Trial and Appeal Board. Summary : The rights of parties in an IPR are not violated when the PTAB provides adequate notice of the PTAB’s understanding of the…
On July 3rd, the Fed. Cir. denied Athena’s petition for rehearing en banc . The three-page order is a 7/5 denial accompanied by more than 80 pages of concurrences and dissents. Concurring in various combinations are Judges Lourie, Hughes, Dyk, Reyna,…
