Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
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Nalco Co. v. Chem-Mod, LLC , Appeal No. 17-1036 (Fed. Cir. Feb. 27, 2018) In Nalco Company v. Chem-Mod, LLC , the Federal Circuit reviewed the district court’s decision to dismiss Nalco Company’s complaint for failure to state a claim upon…
CASE OF THE WEEK Arendi S.A.R.L. v. Google LLC, Appeal No. 2016-1249 (Fed. Cir. Feb. 20, 2018) In Arendi S.A.R.L. v. Google LLC, the Federal Circuit upheld the Patent Trial and Appeal Board’s (PTAB) obviousness determination following inter partes…
CASE OF THE WEEK Berkheimer v. HP Inc. , Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) In Berkheimer v. HP Inc. , the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as ineligible…
Welcome to the new look of Fresh from the Bench, Schwabe’s weekly roundup of precedential intellectual property decisions from the Court of Appeals for the Federal Circuit. We are pleased to take over the editor responsibilities from Pete Heuser, who…
Core Wireless v. LG affirms the denial of summary judgment as to unpatentable subject matter, ruling that the asserted claims are directed to an improved user interface for computing devices, not to the abstract idea of an index. In MaxLinear v. CF CRESPE…
In the sole precedential patent case decided this week, Flexuspine v. Globus , the Circuit affirms rulings of the district court relating to verdict forms where the verdict form included a “stop” instruction in the event the jury found there to…
The Supreme Court is taking another patent case, granting certiorari in WesternGeco v. Ion . A divided panel of the Circuit had ruled that the plaintiff was not entitled to lost profits as a result of the sale of components of a patented invention from the…
The big news yesterday was the Circuit’s en banc decision in Wi-Fi One v. Broadcom in which a majority of the court holds that, given the strong presumption in favor of judicial review, the Circuit should hear appeals of the issue of whether an IPR…
In both HTC v. Cellular and Microsoft v. Biscotti , the Circuit affirms rare IPR determinations that all of the claims of the patents at issue are not invalid. In Travel Sentry v. Tropp , the Circuit vacates summary judgment in favor of luggage…
We do not usually report on district court cases, but the Columbia Sportswear v. Seirus design patent case handled by our firm is particularly interesting, given the award of all of defendant’s profits, and the district court’s recent grant of…
. In the Micron Tech case, the Circuit rules that TC Heartland changed the law on patent venue such that Micron’s argument of improper venue is now much easier to present than it would have been at an earlier point in the case. This will permit…
