Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
Written by : Charles J. Sirek & Nathan D. Reeves ZYXEL COMMUNICATIONS CORP. v. UNM RAINFOREST INNOVATIONS Before Dyk , Prost, and Stark. Appeal from the Patent Trial and Appeal Board. Summary : Because the PTAB’s MTA Pilot Program’s core…
Written by : Jae Jin Lee & Daniel Kiang SOFTVIEW LLC v. APPLE INC. Before Bryson , Lourie, and Reyna. Appeal from the United States Patent and Trademark Office (“PTO”), Patent Trial and Appeal Board (“Board”). Summary : Estoppel…
Written by : Joshua M. Martineau & Jacob R. Rosenbaum SANHO CORP. V. KAIJET TECHNOLOGY INTERNATIONAL LIMITED, INC. Before Dyk , Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : An invention is not “publicly…
CASE OF THE WEEK Zyxel Comms. Corp. v. UNM Rainforest Innovations , Appeal Nos. 2022-2220, -2250 (Fed. Cir. July 22, 2024) Our Case of the Week provided new guidance on amendment proceedings under the Patent Trial and Appeal Board’s 2019 Motion to…
CASE OF THE WEEK Backertop Licensing LLC v. Canary Connect, Inc. , Appeal Nos. 2023-2367, -2368, 2024-1016, -1017 (Fed. Cir. July 16, 2024) Our case of the week focuses on the inherent power of the district courts to investigate fraud and misconduct. The…
Written by : Nicole E. Kim & Douglas B. Wentzel AMARIN PHARMA, INC. v. HIKMA PHARMACEUTICALS USA INC. Before Moore, Lourie , and Albright. Appeal from the United States District Court for the District of Delaware. Summary : The totality of the…
Written by : Matthew S. Whitehead & Jacob R. Rosenbaum BETEIRO, LLC v. DRAFTKINGS INC Before Dyk, Prost, and Stark . Appeal from the United States District Court for the District of New Jersey. Summary : Recitations of a computer-implemented method can be…
CASE OF THE WEEK Beteiro, LLC v. Draftkings Inc ., Appeal Nos. 2022-2275, -2277, -2278, -2279, -2281, 2283 (Fed. Cir. June 21, 2024) In its only precedential patent opinion this week, the Federal Circuit affirmed the Rule 12(b)(6) dismissal of multiple…
CASE OF THE WEEK EcoFactor, Inc. v. Google LLC , Appeal No. 2023-1101 (Fed. Cir. June 3, 2024) In the Federal Circuit’s only precedential patent opinion this week, the court addressed issues of infringement and admissibility that arose after a jury…
Written by : Susan E. Pratt, Ph.D. & Nathan D. Reeves ECOFACTOR, INC. V. GOOGLE LLC Before Lourie, Prost, and Reyna . Appeal from the United States District Court of the Western District of Texas. Summary : License agreements containing a lump-sum payment…
Written by : Julie Kim & Brandon G. Smith Speck v. Bates Before Dyk , Bryson, and Stoll. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary : Comparing pre-Section 135 bar date claims to amended post-bar date…
Written by : Jessie Yang & Brandon G. Smith LUCA MCDERMOTT CATENA GIFT TRUST v. FRUCTUOSO-HOBBS SL Before Lourie , Reyna, and Chen. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary : Parties that own…
