Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Federal Circuit Summary Before Moore , Mayer , and Hughes . Appeal from U.S. District Court for the Western District of Texas. Summary : The Federal Circuit lacked jurisdiction over a Walker-Process antitrust claim because patent law was not a necessary…
Federal Circuit Summary Before Dyk, Wallach, and Hughes . Appeal from the United States District Court for the District of Delaware. Summary : A distribution agreement qualifies as an invalidating “offer for sale” under 35 U.S.C. § 102(b)…
Couple of weeks ago, we reported on the top five firms leading in Inter-Partes Review (IPR) , for a period covering September 2012 (IPR inception) through the end of the second quarter in 2017. This week, we focus on a more important metric: performance.…
Federal Circuit Summary Before Moore, Wallach , and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : The PTAB is entitled to weigh the credibility of expert witnesses, and attorney argument cannot be used as evidence to rebut actual admitted…
Federal Circuit Summary Before Prost, Dyk and Chen. Appeal from the United States District Court for the Eastern District of Virginia. Summary : A party may not seek a declaratory judgment to obtain piecemeal adjudication of an issue that would not resolve…
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…
CRU Faster Than Before AIA, Provides Options for Patent Owners Patent reexamination filings have fallen 86% since 2012. With the elimination of the popular inter partes patent reexamination option in 2012, an overall decrease was certainly expected.…
Last week we released the names of most active law firms in Inter-Partes Review (IPR) . This week, we focused on attorneys and have identified most active attorneys representing petitioners, patent owners and overall. In order to calculate this, we looked…
In December, the Second Circuit ruled that My Other Bag (MOB) was not liable for infringing Louis Vuitton’s trademarks and copyrights because MOB’s bags were a parody of the luxury giant. See the details of the case in our previous post here .…
On January 25, a team at the Chinese Academy of Sciences published an online paper that will appear in Cell, 172, 1-7 (Feb. 8, 2018) reported the cloning of two Macaque Monkeys by Somatic Cell Nuclear Transfer. While non-primate animals such as mice, sheep…
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…
Federal Circuit Summary Before Moore , O’Malley, and Wallach. Appeal from the Eastern District of Texas (Judge Gilstrap). Summary : Claims directed to summarizing and presenting information on display interfaces for electronic devices are patent…
