Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Federal Circuit Summary Before Dyk , Schall, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Final written decisions by an administrative tribunal invalidating a patent can have a preclusive effect. MaxLinear filed an IPR petition on…
Patentee Estoppel Can Shut Down Related Prosecution Patent prosecutors might consider PTAB estoppel a pure post-grant concern. That is, a litigation issue restricted to district courts after a failed PTAB challenge, or an issue raised in the context of a…
Federal Circuit Summary Before Newman, Dyk , and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary : The PTAB may enter an adverse judgment against a patent owner where, before issuing an institution decision on an IPR petition, the…
Last year, we released the top law firms in IPR in terms of activity. We have updated the data and also expanded the date range to cover all IPR cases through the end of the second quarter in 2017. Fish & Richardson with 625 IPR challenges ranked first,…
Federal Circuit Summary Before Prost , Renya, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : A patent owner cannot retroactively bring a continuation-in-part patent within the scope of § 121 during reexamination by removing the…
WiFi One Opens the Door to Reconsideration of Well-Established PTAB Precedent The Federal Circuit’s softening of the appeal bar (35 U.S.C. § 314(d)) in WiFi One will now allow the Court to consider matters unrelated to the merits of an…
Under U.S. law, inventors own patent rights to their inventions unless and until they transfer such rights to another. Earlier this month, the Federal Circuit issued a decision in Advanced Video Technologies v. HTC Corp. in which a co-inventor refused to…
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…
On December 4, 2017 Galatea Jewelry (“Galatea” or “Plaintiff”) filed a copyright infringement suit in the District Court for the Central District of California against the well-known crystal jewelry producer and retailer Swarovski…
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…
Board Continues to Provide Helpful Feedback on Best Practices The Patent Trial & Appeal Board (PTAB) has designated the following decisions, which involve 35 U.S.C. § 315(b), as informative. Luv N’ Care, Ltd. v. McGinley, Case IPR2017-01216…
The number of bitcoin and blockchain patents and published patent applications has been rising exponentially in the past few years, with a motley group of companies leading the race. Recent public and private sector interest in cryptocurrency signals new…
