Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
CASE OF THE WEEK Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc. , Appeal Nos. 2016-2691, 2017-1875 (Fed. Cir. July 3, 2018) The Court affirmed a jury verdict of patent infringement and vacated a $140 million damages award. At issue…
CASE OF THE WEEK Impax Laboratories Inc. v. Lannett Holdings Inc. , Appeal No. 2017-2020 (Fed. Cir. June 28, 2018) In an appeal taken from the Delaware district court, the Federal Circuit extended deference to the district court’s decision to uphold…
Political Theater & Patent Reform The Stronger Patent Act has failed to gain traction for several years now . The Bill is deemed to one-sided, proposing legislative changes that would effectively kill AIA trial proceedings. Strangely, a new bill was…
Federal Circuit Summary Before Dyk , Clevenger, and Chen. Appeal from the United States District Court for the Northern District of California. Summary : In order to rely on the entire market value rule to calculate damages, a patentee must prove that the…
Written by: Brandon G. Smith and Nicole R. Townes Federal Circuit Summary Before Moore , Wallach, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : The Supreme Court’s decision in SAS Institute Inc. v. Iancu requires the Board in…
Federal Circuit Summary Before Lourie , Dyk, and Taranto. Appeal from the District Court for the District of Delaware. Summary : A passing reference in the prior art to a formulation containing the claimed active ingredient and the claimed administration…
325(d) Compliments SNQ Standard The popularity of AIA trial proceedings at the Patent Trial & Appeal Board (PTAB) has caused a corresponding nosedive in patent reexamination filings . Not surprisingly, when faced with a high-value patent dispute, patent…
The Federal Circuit issued only one precedential patent decision last week. However, on Friday, the Supreme Court issued its long-awaited decision on extraterritorial damages in WesternGeco LLC v. ION Geophysical Corp. , Appeal No. 16-1011 (June 22, 2018)…
Before the Supreme Court. Thomas delivered opinion, joined by Roberts, Kennedy, Ginsburg, Alito, Sotomayor, and Kagan. Gorsuch dissenting, joined by Breyer. Summary : Patentee may recover foreign lost profits, where infringer violated § 271(f)(2) by…
Moldex-Metric, Inc. filed a trademark infringement lawsuit against McKeon Products. Moldex-Metric asserted that McKeon infringed its unregistered trade dress consisting of a bright green color for foam ear plugs by using a similar green color for ear…
LATEST FROM THE SUPREME COURT WesternGeco LLC v. ION Geophysical Corp ., Appeal No. 16-1011 (June 22, 2018) In its final patent decision of the October 2017 term, the Supreme Court today issued a decision concerning the scope of damages that are available…
Federal Circuit Summary Before Prost, Moore , and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : An IPR petitioner bears the burden of persuasion concerning the patentability of proposed substitute claims. Institut Straumann AG and Dental…
