Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Federal Circuit Summary Before Lourie , O’Malley, and Taranto . Appeal from the United States District Court for the Northern District of Texas. Summary: Where remand of post-reexamination claims that issued during the pendency of an appeal would be…
In Cosmetic Warriors v. Pinkette Clothing , the Ninth Circuit addressed the availability of laches in trademark infringement and cancellation actions under the Lanham Act. Cosmetic Warriors Limited (CWL) is a cosmetics retail company, which owns almost…
Federal Circuit Summary Before Newman , Clevenger and Chen. Appeal from the United States District Court for the Central District of California. Summary: Prosecution history estoppel does not bar enforcement of a patent when the accused product falls…
Federal Circuit Summary Before Newman , Lourie, and Reyna. Appeals from the Patent Trial and Appeal Board. Summary: A party did not waive SAS -based relief in an IPR appeal when it requested remand for consideration of non-instituted claims shortly after…
CAFC Emphasizes Flexibility of its Printed Publication Jurisprudence Last week, I pointed out that the Federal Circuit faulted the Patent Trial & Appeal Board (PTAB) for its narrow public accessibility analysis in Medtronic, Inc. v. Barry . Given the de…
CASE OF THE WEEK Applications in Internet Time, LLC v. RPX Corp. , Appeal Nos. 2017-1698, et al. (Fed. Cir. July 9, 2018) (unsealed July 24, 2018) In a lengthy decision on an issue of first impression, the Federal Circuit addressed the standard for finding…
Federal Circuit Summary En Banc (excl. Chen), Opinion for the court filed by Stoll , joined by Newman, Lourie, Moore, O’Malley, Wallach, and Taranto. Appeal from the United States District Court for the Eastern District of Virginia. Summary: 35…
Public Accessibility: A Fact Intensive Inquiry Yesterday I highlighted a significant decision for Patent Trial & Appeal Board (PTAB) practitioners pertaining to Real-Party-In-Interest (RPI) and privity determinations, Applications in Internet Time, LLC v.…
Federal Circuit Summary Before Prost , Moore, and Reyna. Appeal from the United States District Court for the District of Massachusetts Summary: A patent claim having multiple permutations is only enabled if each and every permutation is enabled. Boston…
Federal Circuit Summary Before Frost , Newman, and Lawrie. Appeal from the U.S. District Court for the Eastern District of Texas. Summary: A weak showing of secondary considerations is insufficient to create a genuine dispute of fact sufficient to overcome…
Recalibration of RPI/Privy Perspectives Post-WiFi Prior to the Federal Circuit’s decision in WiFi One, real-party-in-interest/privy disputes in AIA trials were the sole province of the Patent Trial & Appeal Board (PTAB). Now that the softened appeal…
On July 20, 2018, the Federal Circuit held that tribal sovereign immunity is not available as a defense in IPR. Allergan Pharmaceuticals owned patents that it had asserted in litigation against various generic pharmaceutical manufacturers, including Mylan…
