Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Recent Decisions Find Meeting of Statutory Requirement Subject to Agency Discretion A properly filed AIA trial trial petition must name all real-parties-in-interest (RPI). The RPI requirement is recited by a number of IPR statutes, 35 U.S.C. § 312(a);…
Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern District of New York. Skechers had sent a cease and desist letter to Eliya accusing Eliya…
CASE OF THE WEEK CenTrak, Inc. v. Sonitor Technologies, Inc. , Appeal No. 2017-2510 (Fed. Cir. Feb. 14, 2019) In this appeal from the United States District Court for the District of Delaware, the Federal Circuit reversed and remanded an order granting…
On December 13, 2018, Face Lace Ltd. , founded by makeup artist Phyllis Cohen to provide ready-to-wear makeup designs, filed suit in the Central District of California against Bare Escentuals Inc. d/b/a Buxom Cosmetics . Face Lace’s complaint alleged…
Federal Circuit Summary Before Reyna, Taranto, and Chen . Appeal from the United States District Court for the District of Delaware. Summary : Where the complexity and predictability of a claimed embodiment were disputed, summary judgment finding…
Subcommittee to Tackle 101? Late last week, the Senate Judiciary Committee announced the formation of an Intellectual Property (IP) Subcommittee. The Senate Judiciary has not had an active IP Subcommittee for decades (unlike the House). Senators Thom…
CASE OF THE WEEK Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC , Appeal No. 2017-2508 (Fed. Cir. Feb. 6, 2019) In an appeal from an order of the United States District Court for the District of Massachusetts, the Federal Circuit affirmed…
Federal Circuit Summary Before Lourie , Linn, and Taranto. Appeal from the United States District Court for the District of Arizona. Summary : Reading a process limitation into a product claim is improper where the patentee did not clearly and unmistakably…
Are Biosimilar Development Efforts Enough? In Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Co. ( here ), the Federal Circuit was poised to explore the level of biosimilar legwork that could satisfy Article III standing for appeal from an adverse…
Federal Circuit Summary Before Newman , Dyk, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : An injury-in-fact is required to establish Article III standing for judicial review of agency action, even if a statute permits such review.…
Federal Circuit Summary Before Judge Newman, Lourie and Stoll. Appeal from the United States District Court for the District of Massachusetts. Summary : Claims reciting only conventional steps to detect a natural law, are patent-ineligible under §…
By now, once you see the claim, I would not be surprised if any of my loyal readers could not predict how it would fare at the Fed. Circuit. However, this is a worthwhile decision to review, particularly since the dissent by Judge Newman brings the…
