Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
A Nebraska court upheld a jury’s reasonable royalty award of more than $14 million for infringement of Exmark’s patent relating to lawnmower baffles. An appellate court had vacated a previous jury award and remanded the case for a new damages…
Before Newman , Linn, and Dyk. Appeal from the United States District Court for the District of Oregon. Summary : The Trademark Act’s definition of “use in commerce” as a requirement for obtaining a federal trademark does not limit the…
CAFC Upholds Injunction to Shut Down PTAB The AIA statutes provide that a person who is not the owner of a patent, can challenge the patent at the Patent Trial & Appeal Board (PTAB). Pursuant to the bright lines drawn by the statute, the PTAB has accepted…
Before Moore , Mayer, and Linn. Appeal from the Patent and Trial Appeal Board. Summary : A graphical user interface that allows users to place orders for items (such as shares of stock) by moving icons onto displayed item prices is not patent eligible…
Before: O'Malley, Reyna , and Hughes. Appeal from the United States District Court for the District of Delaware. Summary : A parent patent specification of a continuation-in-part child patent constitutes intrinsic evidence for the purpose of claim…
A New Jersey jury awarded Mondis $45 million in patent damages, based on LG’s sales of infringing televisions that support the “Plug & Play” standard. The “Plug & Play” standard was promulgated by the Video Electronics…
CASE OF THE WEEK Omega Patents, LLC v. CalAmp Corp. , Appeal No. 2018-1309 (Fed. Cir. Apr. 8, 2019) In an appeal from a series of post-trial decisions, the Federal Circuit provided several important opinions. The Court addressed the effects of failing to…
In my last post on s. 101, discussing “ Cleveland Clinic II ” I asked, “Why can’t a diagnostic conclusion be a practical application of a natural law?” and rhetorically answered: “Because the Federal Circuit says it…
Director Encouraged to Do What He is Already Doing? At several bar events over the past few weeks, the Director has made clear that the agency is “looking into” ways to address certain serial petitioning practices beyond that of the…
Before Newman , O’Malley, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : Diligence requires “reasonably continuous diligence” and is not negated if the inventor works on improvements and evaluates alternatives while…
Before Prost , Lourie and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary : In evaluating whether a webpage printout is an acceptable specimen of use for a trademark in connection with goods, the USPTO may look for information on the…
Unchallenged Claim Falls on Summary Judgement Back in 2016, I flagged a few district court decisions that leveraged Patent Trial & Appeal Board (PTAB) fact-finding on summary determination . These decisions weighed the fact finding of the expert agency as…
