Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
CASE OF THE WEEK Natural Alternatives Int’l v. Creative Compounds, LLC , Appeal No. 2018-1295 (Fed. Cir. Mar. 15, 2019) In an appeal from a judgment on the pleadings, the Federal Circuit reversed, issuing an opinion that clarifies when a medical…
Federal Circuit Summary Before Moore , Reyna, and Wallach. Appeal from the Southern District of California. Summary : District court improperly held that claims were directed to a natural law where the claims recited a method of treatment requiring a…
Federal Circuit Summary Before Prost, Dyk, and Moore . Appeal from District of Delaware. Summary : A district court’s construction of a claim term that is contrary to the plain language of the claims and usage of the term in the specification was…
Issue Joinder Debate Comes Full Circle As previously discussed, the Patent Trial & Appeal Board’s (PTAB) new Precedential Opinion Panel (POP) has considered its first case in Proppant Express Investments v. Oren Technologies , Case IPR2018-00914…
On January 30, 2019, the luxury jewelry suppliers Van Cleef & Arpels filed suit in the United States District Court for the Southern District of New York against Nice Ice Fine Jewelers, LLC (“Defendant”). Van Cleef & Arpels’ complaint…
Below is an animated visualization of the subject matter eligibility 101 roller coaster that patent prosecutors and examiners have been on over the past 5 years. The visualization (interactive version available here , registration required) looks at…
Last Wednesday, we released our Patent Prosecution Intelligence Report for 2019 , where we have ranked the top 1,000 most active and best performing patent firms as well as patent owners (companies, universities, etc.). For this study, we looked at 2.2…
On February 6, 2019, the Federal Circuit decided Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC , affirming a District Court for the District of Massachusetts decision that the claims at issue were patent ineligible for being directed to a…
CASE OF THE WEEK PersonalWeb Techs., LLC v. Apple, Inc. , Appeal No. 2018-1599 (Fed. Cir. March 8, 2019) In a second appeal in this inter partes review matter, the Federal Circuit reversed the PTAB’s finding of invalidity, ending this five-year old…
Federal Circuit Summary Before Moore, Taranto, and Chen . Appeal from the Patent Trial and Appeal Board. Summary : The mere fact that a certain thing may result from a given set of circumstances is not sufficient to demonstrate inherency. Instead, the…
PTAB Updates Amendment Precedent Today, the Patent Trial & Appeal Board (PTAB) designated Lectrosonics, Inc. v. Zaxcom, Inc , (IPR2018-01129, 01130, Paper 15 (Feb. 25, 2019) precedential as to the agency’s interpretation of 35 U.S.C § 316(d),…
Hikma Pharms. and West-Ward Pharms petition for cert. to reverse the Fed. Cir.’s decision in Vanda v. West-Ward that methods of medical treatment are patentable. The Supreme Court’s now-infamous Mayo decision, invalidated claims to a method for…
