Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
In the first half of 2017, we saw a continued decline in patent litigation. District court litigation was down 14 percent to 2,039, compared to 2,482 in the first half of 2016. As for quarterly comparisons, we observed a modest increase of about 10 percent…
Written by Chang Lim and Michael L. Fuller Introduction On May 23, 2017, the District Court for the Eastern District of Virginia (“District Court”) denied a motion for summary judgment that the patent claims asserted in a lawsuit brought by…
Written by Vikas Bhargava and Kerry S. Taylor, Ph.D. In an order issued in Petroleum Geo-Services Inc. v. Westerngeco LLC, IPR2016-00407, IPR2016-00499, Paper 29 (P.TA.B. Jul. 5, 2017), the PTAB terminated the proceedings after the parties indicated that…
Written by Jeff Van Hoosear and Jonathan Menkes Edited by Catherine Holland In a recent precedential decision, In re University of Miami, Serial No. 86616382 (T.T.A.B. June 6, 2017), the Trademark Trial and Appeal Board (the “TTAB”) clarified…
Written by Clayton R. Henson and Kerry S. Taylor, Ph.D. Previously, we reported the outcomes of remands from the Federal Circuit to the PTAB in IPR cases through 2016. [https://www.knobbe.com/news/2017/02/ipr-appeals-outcomes-fed-circ-remands-ptab-law360].…
Written by Keith Lim and Maria Anderson Note: an Addendum has been added to this previously published article. In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s…
Ariosa was a decision that essentially held that the novel discovery of a naturally-occurring phenomenon could not per se meet the Mayo/Alice requirement for an inventive concept, even though it was of “groundbreaking importance” in advancing…
Written by Damien Howard and Lincoln S. Essig In a non-precedential opinion, the Federal Circuit affirmed the district court’s ruling that the claims at issue in Easyweb Innovations, LLC. v. Twitter, Inc. (“Easyweb”) were directed to…
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. In Nantkwest , the Circuit reverses a district court decision that had rejected the PTO’s position that applicants who appeal a district court ruling must pay the PTO’s legal bills…
Written by Vicki Y. Nee and Ian W. Gillies Edited by Loni Morrow and Catherine Holland On June 1, 2017, noted music and fashion photographer Danny Clinch filed suit in the Southern District of New York in connection with the use of two photographs of famed…
Bill Would Effectively End PTAB The STRONGER (Support Technology & Research for Our Nation’s Growth and Economic Resilience) Patents Act was unveiled in the U.S. Senate this week. This is the newest incarnation of a previously stalled bill known as…
Written by Daniel K. Yarbrough, Ph.D. and Benjamin Anger The PTAB granted-in-part a patent owner’s motion to substitute claims based on evidence of secondary considerations of nonobviousness in Valeo North America, Inc. v. Schaeffler Technologies, AG…
