Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Written by : Daniel Kiang and Kurt M. Jacobs INCYTE CORPORATION V. SUN PHARMACEUTICAL INDUSTRIES, LTD. Before Moore , Prost and Hughes. Appeal from the United States District Court for the District of New Jersey. Summary : A district court erred in issuing…
Written by : Nathan D. Reeves and Michael E. Salamy N RE KOSTIC Before Stoll, Clevenger, and Cunningham . Appeal from the Patent Trial and Appeal Board. Summary : When considering whether a reissue claim broadens the scope of the original patent, the PTAB…
Written by : Daniel Kiang and Dalton A. Couch ALNYLAM PHARMACEUTICALS, INC. v. MODERNA, INC. Before Taranto , Chen, and Hughes. Appeal from the United States District Court for the District of Delaware Summary : Once the high threshold for lexicography is…
Written by : Justin J. Gillett and Bailey R. Arenberg AGILENT TECHNOLOGIES, INC. v. SYNTHEGO CORP. Before Prost , Linn, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Obviousness does not require all claimed limitations to be expressly…
Written by : Justin J. Gillett and Jessie Yang IN RE: PT MEDISAFE TECHNOLOGIES Before Prost, Clevenger, and Stark . Appeal from the Trademark Trial and Appeal Board. Summary: A proposed color mark was found generic where the relevant public perceived the…
Written by : Justin J. Gillett and Oren J. Rosenberg IN RE: VETEMENTS GROUP AG Before Prost, Wallach , and Chen. Appeal from the Trademark Trial and Appeal Board. Summary: A party opposing application of the doctrine of foreign equivalents has the burden…
Written by : Jeremiah S. Helm, Ph.D. and Zachary L. Greenberg ECOFACTOR, INC. V. GOOGLE LLC Before the en banc court, Moore , Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark. Appeal from the United States District Court for the Western…
Written by : Douglas B. Wentzel and Elizabeth "Lizzy" Do RECENTIVE ANALYTICS, INC. v. FOX CORP. Before Dyk , Prost, and Goldberg. Appeal from the United States District Court for the District of Delaware. Summary : The Federal Circuit found that…
Written by : Douglas B. Wentzel and Zachery Rufa FRAUNHOFER-GESELLSCHAFT v. SIRIUS XM RADIO INC. Before Lourie , Dyk, and Reyna. Appeal from the United States District Court for the District of Delaware. Summary : The defense of equitable estoppel requires…
Written by : Jeremiah S. Helm, Ph.D. and Jacob S. Etling United Services Automobile Association v. PNC BANK N.A., Before Dyk, Clevenger, and Hughes . Appeal from the United States District Court for the Eastern District of Texas. Summary : A claim that…
CASE OF THE WEEK Optis Cellular Technology, LLC v. Apple Inc. , Appeal Nos. 2022-1904, -1925 (Fed. Cir. June 16, 2025) In this week’s Case of the Week, the Court of Appeals for the Federal Circuit vacated a jury decision awarding $300,000,000 in…
In an effort to increase oversight and regulation of third-party litigation funding (TPLF), Senator Thom Tillis has introduced legislation that seeks to close tax loopholes currently benefiting domestic and foreign entities involved in funding U.S.…
