Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
CASE OF THE WEEK GoPro, Inc. v. Contour IP Holding, LLC , Appeal Nos. 2017-1894, -1936 (Fed. Cir. Nov. 1, 2018) In its only precedential decision in the past three weeks, the Federal Circuit denied a petition for rehearing en banc and reissued its panel…
New Proposal May Only Amplify Current Amendment Criticisms A few weeks back, the USPTO published a Request for Comments (RFC) ( here ) on a proposed procedure for motions to amend in AIA Trial Proceedings. The proposal provides for a pilot program in which…
On October 11, 2018, the USPTO published a Final Rule in the Federal Register, adopting a new standard for interpreting claims in trial proceedings before the patent trial and appeal board (PTAB). In particular, the USPTO is replacing the “broadest…
Federal Circuit Summary Before Judges Dyk , O’Malley, and Hughes. Appeal from the United States International Trade Commission. Summary : Registered trade dress carries a presumption of secondary meaning only prospectively from the date of…
Pilot Program Would Provide for Separate Briefing and Board Feedback The USPTO has published a Request for Comments (RFC) ( here ) on a proposed procedure for motions to amend in AIA Trial Proceedings. The proposal provides for a pilot program in which the…
ITC Staff Attorney Not Bound by Estoppel Plaintiffs are painfully aware of the Patent Trial & Appeal Board (PTAB) and its potential to derail a patent litigation. Indeed, post-SAS patent owners facing motions to stay pending PTAB review are left with even…
In the recent decision of Data Engine Technologies LLC v. Google LLC, the Federal Circuit may have expanded how factual questions underpin subject matter eligibility analysis under Section 101. Since the two-part eligibility analysis was established by…
Leveraging PTAB 101 Determinations in Parallel Litigation Covered Business Method (CBM) challenges have fallen out of favor with petitioners. This is due to a number of factors, not the least of which is the narrowing of CBM jurisdiction after Unwired…
The quote is from “Treasure of the Sierra Madre” when a bandido leader is trying to convince Bogart that his gang are Federales, and Bogie asks to see their badges. In the context of Yeda Res. and Dev. v. Mylan, Appeal no. 2017-1594 et al.…
Over the last year, several Federal Circuit judges have filed opinions lamenting the state of the case law that interprets the abstract idea exception to patent eligibility under 35 U.S.C. § 101. For example, Judge Linn wrote in Smart Systems that the…
Federal Circuit Summary Before Judges Reyna , Bryson, and Stoll. Appeals from the Patent Trial and Appeal Board and the United States District Court for the District of Delaware. Summary: Non-prior art evidence may be considered when evaluating the…
UCB v. Accord, Appeal no. 2016-2610 et al. (Fed. Cir., May 23, 2018) may be headed to the Supreme Court, which prompted me to take another look at this opinion. This was a decision in Hatch-Waxman litigation, in which a split Fed. Cir. panel affirmed the…
