Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Federal Circuit Summary Before Moore, Reyna , and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : A party in an int er partes review proceeding may not present new evidence or arguments at oral argument. The Board instituted inter parte s…
The University of Minnesota (UMinn) and Toyota Motor Corp. (Toyota) co-own U.S. Patent 8,394,618 (the ’618 patent). After Reactive Surfaces Ltd. filed a petition for IPR of the ’618 patent, UMinn and Toyota filed a motion to dismiss the…
PTAB Remand Not Always Deja Vu When appealing a decision of an administrative agency such as the Patent Trial & Appeal Board (PTAB), reversal is quite rare . This is because rarely will a pure question of law (with no facts in dispute) control the outcome…
Federal Circuit Summary Before Moor, Mayer , and Stoll. Appeal from the patent Trial and Appeal Board Summary : The broadest reasonable interpretation of a claim term cannot be so broad that it is inconsistent with the specification or renders the term…
CASE OF THE WEEK SimpleAir, Inc. v. Google LLC , Appeal No. 2016-2738 (Fed. Cir. 2018) In SimpleAir, Inc. v Google LLC , the Federal Circuit vacated a district court’s motion to dismiss pursuant to Rule 12(b)(6). The District Court had held that…
I will start out by recommending that you read all of MPEP 2106 – Patent Subject Matter Eligibility . I rarely admire PTO policy rules and guidelines, but this section reflects a lot of work, particularly in the standards for evaluating whether or…
In Core Wireless Licensin g S.A.R.L. v. LG Electronics, Inc. , the Federal Circuit held that user interface claims are patent eligible under 35 U.S.C. § 101 because they “recite a specific improvement over prior systems, resulting in an improved…
Federal Circuit Summary Before Newman, Wallach, and Stoll . Appeal from the Patent Trial and Appeal Board. Summary : Disclosure of a species may provide written description support for a claimed genus when the field of invention is a predictable art.…
Federal Circuit Summary Before Dyk, Reyna, and Hughes . Appeal from the Patent Trial and Appeal Board. Summary : Where the Federal Circuit had previously construed the same claim term in an appeal involving a related patent also owned by the patentee in…
On March 6, 2018 the USPTO announced that it has started a pilot program that makes it easy to report specimens that have been digitally created, altered or fabricated. Third parties that believe that an application contains suspect specimens can now send…
In two recent cases, the Federal Circuit addressed the role of factual questions in resolving patent eligibility under 35 U.S.C. § 101. The first case was Berkh eimer v. HP Inc. and the second was Aatrix Software v. Gree n Shades Software.[1] These…
Patent Judgments & Awards On February 8, 2018, Judge Andrew Guilford of the District Court for Central District of California increased a jury award against Custom Blinds and Components Inc. (“CBC”) for patent infringement from just over $1…
