Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
In an IPR on remand from the Federal Circuit on appeal of a motion to amend, the PTAB considered the scope of briefings of the parties in view of the Federal Circuit’s recent en banc decision Aqua Products v. Matal. The PTAB ordered that the remand…
On March 21, 2018, the PTAB designated two decisions as “informative” that denied institution for presenting prior art that had been previously presented during prosecution. B ecton, Dickinson & Co. v. B. Braun Melsungen AG, IPR2017-01586 (PTAB…
Federal Circuit Summary Before Newman, Clevenger, and Wallach . Appeal from the Patent Trial and Appeal Board. Summary : The USPTO has standing to intervene to defend its decision, even when the requestor has withdrawn. Knowles Electronics LLC…
CASE OF THE WEEK Knowles Electronics LLC v. Iancu , Appeal No. 2016-1954 (Fed. Cir. 2018) In an appeal from an inter partes reexamination , the Federal Circuit affirmed a decision by the PTAB invalidating a patent concerning microphones. The case was…
CASE OF THE WEEK Oracle America, Inc. v. Google LLC , Appeal No. 2017-1118, -1202 (Fed. Cir. 2018) In an appeal from a jury trial, the Federal Circuit reversed the District Court’s decision denying Oracle’s motion for JMOL and remanded for a…
The PTAB ruled that the Saint Regis Mohawk Tribe could not assert sovereign immunity in IPRs of patents that Allergan had assigned to the Tribe relating to Restasis®. Se e The Saint Regis Mohawk Tribe is not entitled to Sovereign Immunity at the PTAB.…
Federal Circuit Summary Before O’Malley , Plager and Taranto. Appeal from the U.S. District Court for the Northern District of California, Judge William H. Alsup. Summary : Historical findings of fact relevant to copyright fair use can be resolved by…
In In re: Power Integrations, Inc. , [2017-1304] (March 19, 2018), the Federal Circuit reversed the decision on remand that claims 1, 17, 18, and 19 of U.S. Patent No. 6,249,876 were anticipated, because the Board relied upon an unreasonably broad claim…
Federal Circuit Summary Before Lourie, Reyna , and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : A prima facie case of obviousness is established where the claimed range abuts a range disclosed in the prior art and there is no evidence…
In re Power Integrations, Inc. , Appeal No. 17-1304 (Fed. Cir. 2018) In In re: Power Integrations, Inc. , the Federal Circuit reversed the Patent Trial and ‎Appeal Board’s (PTAB) rejection of a patent as anticipated . Fairchild Semiconductor…
In DSS Technology Management, Inc. v. Apple Inc., [2016-2523, 2016-2524] (March 23, 2018), the Federal Circuit reversed the decision of the PTAB, finding claims 1–4 and 9–10 of U.S. Patent No. 6,128,290 obvious, because the Board failed to…
Federal Circuit Summary Before Newman, O’Malley , and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : When resolving an obviousness challenge, the PTAB cannot invoke “ordinary creativity” of a skilled artisan to supply a…
