Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
LATEST FROM THE SUPREME COURT Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. , 586 U.S. ____ (2019) Today, the Supreme Court addressed the extent of the “on-sale” bar following the passage of the America Invents Act…
A preliminary decision in the District Court of Delaware introduces the possibility that a patentee’s victory on assignor estoppel in the district court could quash a co-pending IPR proceeding at the PTAB. Assignor estoppel is applied to prevent a…
Court Takes Offense to Tactics Geared to PTAB Alone Litigants beware; Judge Rodney Gilstrap (E.D. Texas) warned litigants considered to be using the district court proceedings to posture positions in co-pending CBM proceedings that ‘[t]he Court does…
Knock-offs and ‘copycat’ designs are nothing new to the fashion world. The rising demand for “fast fashion” and bargain hunting alike make knock-offs particularly attractive to the consumer’s insatiable appetite. This trend is…
General Plastic Factors & Follow-on Petitions Last September, the Patent Trial & Appeal Board (PTAB) held that the advanced state of a district court proceeding militated in favor of denying a petition for IPR in accordance with the General Plastic factors…
Federal Circuit Summary Before Moore , Reyna, and Chen. Appeal from the Trademark Trial and Appeal Board. Summary : The TTAB must consider Applicant’s evidence and argument as to an absence of actual confusion during the period of concurrent use of…
On October 23, 2018, Rube P. Hoffman, a California textile manufacturer known for their Hawaiian prints and aloha shirts, filed a copyright infringement suit in the Central District of California against Zara USA, Inc., one of the world’s largest…
On November 7, 2018 Louis Vuitton Malletier, S.A. filed a complaint in the Southern District of New York against i-Fe Apparel, Inc., Yongun Jung, and a number of presently unknown entities and individuals (“Defendants”). Louis Vuitton alleges…
As we prepare to release our first Patent Prosecution Intelligence Report , we have been hearing from many of practitioners that it is getting much harder to run a profitable practice these days, if they are only doing patent prosecution. This week, we…
New Presentation of Same IPR Art Thwarted by Estoppel Post SAS, there are fewer exceptions to IPR estoppel . Indeed, the absence of partial institutions has led to many courts finding the “reasonably could have raised” aspect of IPR estoppel to…
Federal Circuit Summary Before Dyk , Wallach, and Hughes. On remand from the Supreme Court. Summary: Even though the issue of the jury’s award of lost profits was still pending, a party could not reopen the issue of a reasonable royalty award based…
CASE OF THE WEEK WesternGeco LLC v. Ion Geophysical Corp. , Appeal Nos. 2013-1527, 2014-1121, -1526, -1528 (Fed. Cir. Jan. 11, 2019) In the continuing saga between WesternGeco and ION Geophysical, a Federal Circuit panel addressed lost profits on remand…
