Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Federal Circuit Summary Before Reyna, Bryson , and Hughes. Appeal from the Northern District of California. Summary : Breach of a duty of disclosure to a standards-setting organization may constitute implied waiver, thus rendering a patent unenforceable,…
Federal Circuit Summary Before O’Malley, Bryson , and Chen. Appeal from the Patent Trial and Appeal Board. Summary : A writ of mandamus cannot be used as an alternative means of obtaining appellate review of institution decisions in IPRs, since…
Federal Circuit Summary Before O’Malley , Taranto, and Stark; Partial En Banc Decision before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary:…
CASE OF THE WEEK Click-to-Call Technologies, LP v. Ingenio, Inc. , Appeal No. 2015-1242 (Fed. Cir. Aug. 16, 2018)‎ In an appeal of an inter partes review, the Federal Circuit reviewed for the first time the merits of whether a petition was time barred…
Federal Circuit Summary Before O’Malley , Mayer, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A case may be exceptional if: (1) fact witnesses are compensated based on the outcome of the case, (2) relevant…
Federal Circuit Summary Before Reyna, Wallach, and Hughes . Appeal from the District Court for the Eastern District of Texas. Summary: When the only unconventional feature of the patent claim is what has already been determined to be an abstract idea, the…
Federal Circuit Summary Before Prost, Bryson, and O’Malley . Appeal from the United States International Trade Commission (“ITC”). Summary: Evidence intrinsic to a patent may be sufficient to overcome the presumption that § 112…
On July 13, 2018, the Federal Circuit decided Jazz Pharmaceuticals, Inc. v. Amneal Pharmaceuticals, LLC , affirming the Patent Trial and Appeal Board (PTAB)’s finding of invalidity of certain claims of seven Orange Book-listed patents for Xyrem®.…
Patent Owner’s Given New Rights in Trial Practice Guide Update The Federal Register will issue a notice updating the Patent Trial & Appeal Board (PTAB) Trial Practice Guide on Monday, August 13, 2018. You can find a copy of this notice in the…
On July 18th, in appeal no. 2017-007443, the PTAB reversed the Examiner’s rejection to an improved method of manipulating the huge amount of DNA sequence information or “text strings” that are provided by applying the techniques of…
CASE OF THE WEEK JTEKT Corporation v. GKN Automotive Ltd. , Appeal No. 2017-1828 (Fed. Cir. Aug. 3, 2018) The Federal Circuit dismissed an appeal from an inter partes review , holding that, although JTEKT Corporation had the right to file an inter partes…
Federal Circuit Summary Before Prost, Dyk , and O’Malley. Appeal from the Patent and Trial Appeal Board. Summary: An IPR petitioner lacks standing to appeal an adverse decision by the Board if it sells no infringing products and there is no risk of…
