Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
CASE OF THE WEEK Telefonaktiebolaget LM Ericsson, Ericsson AB, Ericsson, Inc. v. Lenovo (United States), Inc. et. al. , Appeal No. 2024-1515 (Fed. Cir. Oct. 24, 2024) In our Case of the Week, the Federal Circuit clarified that, for an issue in a domestic…
CASE OF THE WEEK AlexSam, Inc. v. Aetna, Inc. , Appeal No. 2022-2036 (Fed. Cir. Oct. 8, 2024) In the Court’s only precedential patent opinion last week, a panel of the Federal Circuit granted appellant AlexSam a second chance to hold health-care…
Written by : Nickolas Taylor & Daniel Kiang ALEXSAM, INC. v. ATENA, INC. Before Stark , Lourie, and Bryson. Appeal from the United States District Court for the District of Connecticut. Summary : A narrowly defined patent license may result in some…
Written by : Nathan D. Reeves & Ryan B. Freedman CROCS, INC. v. EFFERVESCENT, INC. Before Reyna, Cunningham and Albright. Appeal from the United States District Court for the District of Colorado. Summary: A claim that an unpatented product feature is…
CASE OF THE WEEK Crocs, Inc. v. Double Diamond Distribution, Ltd. , Appeal No. 2022-2160 (Fed. Cir. Oct. 3, 2024) In our Case of the Week, the Federal Circuit examined whether a district court erred in dismissing false advertising claims against Crocs Inc.…
CASE OF THE WEEK EcoFactor, Inc. v. Google LLC , Appeal No. 2023-1101 (Fed. Cir. Sept. 25, 2024) The Federal Circuit’s only precedential opinion this week was a rare order that granted en banc review of a prior panel decision. Here, the Court agreed…
Written by : Melis Tirhi & Brandon G. Smith CONTOUR IP HOLDING LLC v. GOPRO, INC. Before Reyna , Prost, and Schall. Appeal from the United States District Court for the Northern District of California. Summary: Claims are patent-eligible under 35 U.S.C.…
Written by : Jacob J. Golan, Ph.D. & Douglas B. Wentzel BROADBAND ITV, INC. v. AMAZON.COM, INC. Before Dyk, Reyna , and Stark. Appeal from the United States District Court for the Western District of Texas. Summary : When assessing patent eligibility under…
Written by : S ophia Zahn & Douglas B. Wentzel OSSEO IMAGING, LLC v. PLANMECA USA INC. Before Dyk, Clevenger, and Stoll . Appeal from the United States District Court for the District of Delaware. Summary : An expert witness can testify from the…
Written by : Philip M. Nelson Today Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA ) introduced the Patent Eligibility Restoration Act (PERA) , bipartisan legislation mirroring a proposed law introduced last year by Senators Thom Tillis (R-NC)…
Written by : Eric Wittgrove Medical device companies are often well versed in prosecuting multiple patents within a single “family.” Indeed, such families are often of significant value to early stage (and later stage) medical device companies.…
Written by : Rhett D. Ramsey & Joseph Mallon, Ph.D. Judge Andrews of the District of Delaware recently denied Novartis’s request for a preliminary injunction against MSN Pharmaceuticals. Novartis Pharm. Corp. v. MSN Pharm. Inc. , Civil Action No.…
