Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
CASE OF THE WEEK Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. , Appeal Nos. 2017-2078, -2134 (Fed. Cir. Sept. 10, 2018) The Federal Circuit affirmed the district court’s ruling following a bench trial that asserted claims of four…
In ex parte Ho , the subject of my last post, the PTAB reversed the Examiner’s rejection of claims to a population of bone marrow cells obtained by two-stage culturing that expressed or failed to express certain markers. The PTAB wrote that, for the…
Machine learning is one of the fastest growing categories of granted patents[1]. However, there do not appear to be many examples of patent infringement lawsuits where machine learning claims have been analyzed by the courts under the patent-eligibility…
Stage of Litigation & Similarly Situated Litigants Now General Plastic Factors? As I have mentioned on a few CLE panels as of late, the recent changes to the Patent Trial & Appeal Board’s (PTAB) Trial Practice Guide invite parties to suggest…
Federal Circuit Summary Before O’Malley , Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : While obviousness of apparatus claims “capable of” a particular function may be shown by identifying a prior art…
In Judge Plager’s concurrence-in-part in Interval Licensing v. AOL, Inc., he describes the “small puzzle” present in the Mayo/Alice analysis of a claim identified as directed to an abstract idea: “[I]f a court, after reviewing…
Federal Circuit Summary On September 10, 2018, the Federal Circuit decided Regents of the University of California v. Broad Institute, Inc. , affirming the Patent Trial and Appeal Board (PTAB)’s determination of no interference-in-fact between the…
Federal Circuit Summary Before O’Malley, Mayer, and Reyna . Appeal from the Patent Trial and Appeal Board. Summary : Claims may be rejected under 35 § U.S.C. 103 based on implicit disclosures of a prior art reference. Samsung and Apple filed an…
Federal Circuit Finds PTAB Discovery Determinations One-Sided On the heels of Applications in Internet Time, LLC v. RPX Corporation , the Federal Circuit once again finds itself considering a PTAB RPI/Privity dispute. In RPX, the Court held that…
Federal Circuit Summary Before O’Malley , Reyna, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary : Courts should not give too much weight to evidence purporting to show a lack of actual confusion in an ex parte proceeding. The…
Federal Circuit Summary Before Newman, Dyk, and Taranto . Appeal from the United States District Court for the District of Delaware. Summary : Pharmaceutical patents were obvious where the claims covered species of a genus taught by the prior art, the…
CASE OF THE WEEK Worlds Inc. v. Bungie, Inc. , Appeal Nos. 2017-1481, -1546, -1583 (Fed. Cir. Sept. 7, 2018) In appeals from three inter partes reviews, the Federal Circuit vacated the PTAB’s decision invalidating three patents and remanded for…
