Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
WESTECH AEROSOL CORPORATION v. 3M COMPANY Before Lourie, Mayer, and Reyna . Appeal from the United States District Court for the Western District of Washington. Summary : To establish proper venue, a plaintiff must allege specific facts showing that the…
After many years of continued decline, we observed for the first time, a significant reversal in the trend in the second quarter of 2019. In Q2, a total of 1,013 patent lawsuits were filed in U.S. District Courts across the country, which was 22 percent…
ENZO LIFE SCIENCES, INC. v. ROCHE MOLECULAR SYSTEMS, INC. Before Prost , Reyna, and Wallach. Appeal from the United States District Court for the District of Delaware. Summary : Broad patent claims were invalid as not enabled because the relevant art was…
CASE OF THE WEEK In re: Global IP Holdings LLC , Appeal No. 2018-1426 (Fed. Cir. July 5, 2019) The Federal Circuit vacated and remanded a decision of the Patent Trial and Appeal Board (“PTAB”) upholding an examiner’s rejection of reissue…
IN RE: GLOBAL IP HOLDINGS LLC Before Moore, Reyna, and Stoll . Appeal from the Patent Trial and Appeal Board. Summary : Written description support for a claimed genus depends on the criticality or importance of the expressly disclosed species and the…
New Informative Decisions The Patent Trial & Appeal Board (PTAB) issued new informative decisions this week applying its 101 Guidelines . Ex Parte Olson, Appeal 2017-006489 (PTAB Mar. 25, 2019) ( here ) The claims at issue recite a method of registering a…
CASE OF THE WEEK Elbit Systems Land and C4I Ltd. v. Hughes Network Systems, LLC , Appeal No. 2018-1910 (Fed. Cir. June 25, 2019) In this appeal from the United States District Court for the Eastern District of Texas, the Federal Circuit affirmed the…
On June 11, 2019, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) instituted inter partes review (IPR) of U.S. Patent No. 6,306,141 , assigned to Medtronic Vascular, Inc. The Decision instituted the IPR based on two obviousness…
ELBIT SYSTEMS LAND AND C4I LTD. v. HUGHES NETWORK SYSTEMS, LLC Before Taranto , Mayer, and Chen. Appeal from the United States District Court for the Eastern District of Texas. Summary: Neither 28 U.S.C. § 1295 nor 28 U.S.C. § 1292(c)(2) provide…
CELLSPIN SOFT, INC. V. FITBIT, INC. ET AL. Before Lourie, O’Malley , and Taranto. Appeal from the United States District Court for the Northern District of California. Summary : While not all factual allegations that are wholly divorced from the…
Statutory Petition Requirement Correctable Back in April I discussed the Patent Trial & Appeal Board’s (PTAB) evolving position that an updated RPI designation did not require a resetting of the petition filing date. That is, despite telling Congress…
UCB, INC. v. WATSON LABORATORIES INC. Before Taranto, Schall, and Chen . Appeal from the United States District Court for the District of Delaware. Summary : Application of the doctrine of equivalents may not be barred by: (1) prosecution history estoppel…
