Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Federal Circuit Summary Before Dyk, Bryson, and Taranto . Appeal from the United States District Court for the Eastern District of Texas. Summary : A plaintiff has no 7th Amendment right to a jury trial for a claim for disgorgement of profits for trade…
CASE OF THE WEEK Gilead Sciences, Inc. v. Merck & Co., Inc. , Appeal Nos. 2016-2302, -2615 (Fed. Cir. 2018) In an appeal from a bench trial finding patents unenforceable, the Federal Circuit issued a rare decision on the doctrine of unclean hands. The…
On April 26, 2018, the USPTO issued a one-page guidance document on the impact of the Supreme Court’s recent decision, SAS Institute Inc. v. Iancu, on AIA trial proceedings. As has been widely reported, SAS reversed the PTAB’s long-standing…
On April 25th, a Fed. Cir. panel of Judges Taranto, Clevenger and Chen affirmed the unenforceability of two Merck patents covering a drug presently marketed as Sovaldi(r) to treat hepatitis C, sofosbuvir. Gilead Sciences, Inc. v. Merck & Co., Appeal Nos.…
Patent Judgments & Awards In another win in a string of victories for Solutran, Inc. in its long-running patent dispute with U.S. Bancorp, a jury in the U.S. District Court in Minnesota found that Solutran was entitled to both lost profits and a reasonable…
Federal Circuit Summary Before Newman, Mayer , and Stoll. Appeal from the U.S. District Court for the Northern District of Ohio. Summary : While there is not a “practicing the prior art” defense to literal infringement, a litigant is not…
On March 22, 2018, a Texas federal court awarded patent infringement damages totaling over $8 million and ongoing royalties in a case involving multiple patents related to voice over IP technology. The damages award is based on a jury trial that was…
LATEST FROM THE SUPREME COURT We issue today’s special edition of Fresh from the Bench to summarize two important precedential decisions issued this morning by the Supreme Court. Both cases concern inter partes reviews, and both cases open the door…
CASE OF THE WEEK Droplets, Inc. v. E*TRADE Bank , Appeal No. 2016-2504 (Fed. Cir. 2018)‎ In an appeal from an inter partes review, the Federal Circuit affirmed a decision by the PTAB invalidating a patent concerning interactive computer links. The case…
Federal Circuit Summary Before Dyk, Bryson , and Reyna. Appeal from PTAB, remanded from the Federal Circuit, en banc. Summary : Time-bar does not apply to IPR petitioner through privity with a district court defendant because the evidence did not show (1)…
On April 19, 2018, the USPTO released a Memorandum from Robert Bahr , The Deputy Commissioner for Patent Examination Policy, to the Examiners, that summarized the support required for a finding whether or not a claim directed to a judicial exception to s.…
Federal Circuit Summary Before Reyna, Taranto , and Hughes. Appeal from the United States District Court for the Central District of California Summary : An individual claiming sole inventorship of a patent has standing under 35 U.S.C. § 256 to…
