Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Close Trial Date to Doom Parallel IPR Petitions? Last September, the Patent Trial & Appeal Board (PTAB) found the advanced stage of a parallel district court proceeding weighed in favor of denying a follow-on, IPR petition. NHK Spring Co. Ltd. v.…
CASE OF THE WEEK University of Florida Research Foundation, Inc. v. General Electric Company , Appeal No. 2018-1284 (Fed. Cir. Feb. 26, 2019) The Court this week affirmed the Rule 12(b)(6) dismissal of an infringement lawsuit, finding that the claims of…
Burden on Patent Owner to Show Product Manual Available Does the use of a printed manual at the PTAB foreclose later use of the underlying product in litigation? We know from cases like In Star EnviroTech, Inc. v. Redline Detection, LLC et. al.,…
Federal Circuit Summary Before Prost, Moore , and Wallach. Appeal from the Northern District of Florida. Summary : When a state entity sues for patent infringement, it waives sovereign immunity as to all defenses, including subject matter eligibility under…
A few weeks ago we published an article ( Patexia Insight 54 ), explaining why patent prosecution is becoming commoditized and why some of the AM LAW 100 are clearly abandoning their patent prosecution practices in favor of more profitable work. This…
Does 315(b) Codify Party Notice or Patent Notice? Last summer, the Federal Circuit reversed the Patent Trial & Appeal Board’s (PTAB) practice of accepting IPR petitions as timely filed under 35 U.S.C. § 315(b) where a complaint for infringement…
Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be “exhausted”, so long…
CASE OF THE WEEK Coda Development S.R.O. v. Goodyear Tire & Rubber Co. , Appeal No. 2018-1028 (Fed. Cir. Feb. 22, 2019) In an appeal from a district court dismissal of a case seeking correction of inventorship , the Federal Circuit reversed and remanded…
Federal Circuit Summary Before Prost , Wallach, and Hughes. Appeal from the U.S. District Court for N.D. Ohio. Summary : On a Rule 12(b)(6) motion, a district court cannot judicially notice facts that are subject to reasonable dispute. Also, when a…
On December 28, 2018, Nirvana LLC filed a lawsuit against designer Marc Jacobs in the Central District of California, alleging copyright and trademark infringement. Nirvana LLC is the legal entity which controls the band Nirvana’s financial, legal,…
Estopping a Winning Argument? One of the stranger developments of recent months has been the interpretation of PTAB estoppel (315(e)(2)) to foreclose a petitioner from pursuing arguments in a district court that were successful at the PTAB. That is, a…
Federal Circuit Summary Before Lourie, O’Malley , Reyna. Appeals from the Patent Trial and Appeal Board, United States District Court for the Northern District of West Virginia, and United States District Court for the District of New Jersey. Summary…
