Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Written by David J. Grant and Nathanael Luman, Ph.D. The Federal Circuit held that statements made by a patent owner in an IPR, whether before or after institution, can be considered during claim construction in district court litigation and relied upon to…
In TC Heartland LLC v. Kraft Foods Group Brands LLC, [16–341] (May 22, 2017), the Supreme Court reversed the Federal Circuit and held that for purposes of the patent venue statute (28 U.S.C. 1400(b)), a corporation only resides where it is…
Written by Scott Forbes and Bryan McWhorter The Federal Circuit recently held in RecogniCorp, LLC v. Nintendo Co., Ltd. (Fed. Cir. 2016) that claims directed to encoding and decoding image data were not patent-eligible under 35 U.S.C. § 101. This…
Written by Peter Heuser, Schwabe, Williamson & Wyatt, P.C. In Mylan v. Aurobindo the Circuit affirms the grant of a preliminary injunction based upon the infringement of one of the three patents in suit. However, the panel reverses the injunction as to the…
Written by Keith Lim and Maria Anderson In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s rejection that claims directed to an energy transaction plan were…
Between February and May of this year, IPO , AIPLA and the ABA IP Section have released proposals for amendments to 35 U.S.C. s. 101 to void the Mayo/Alice Rule and to clarify the definition of an “abstract idea” as it relates to…
Public vs. Private Rights: Another PTAB Distraction We all remember the " Great BRI Debate " that was Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131, 2143–44 (2016). PTAB critics argued that the Board's "broadest" claim…
LED colossus Nichia (the world’s largest supplier of LEDs) accused Everlight of infringing three patents relating to tiny LEDs used in LCD backlights, video displays, automobiles, an general lighting: U.S. Patent No. 8,530,250 , entitled “Light…
Written by Nathanael Luman, Ph.D. and Kerry S. Taylor, Ph.D. The PTAB granted joinder of a time-barred petitioner to an IPR trial after the patent owner settled its dispute with the original petitioner in AT&T Services, Inc. v. Convergent Media Solutions,…
Written by Benjamin Anger and Mark Rubinshtein , Ph.D. A magistrate judge in the Eastern District of Texas recommended in Biscotti, Inc. v. Microsoft Corp., No. 2:13-CV-01015, DI 191 (E.D. Tex. May 11, 2017) that Microsoft should be estopped from asserting…
Written by Lesley Kim and Robert Roby Edited by Loni Morrow and Catherine Holland In the fashion and beauty world, the copying of higher-priced brands is widespread. While in fashion, the term for copies of designer products is “knockoffs,” in…
Written by Casey D. Donahoe, Ph.D. and Benjamin Anger In a Final Written Decision in Johns Manville Corp. v. Knauf Insulation, Inc., IPR2016-00130, Paper 35 (P.T.A.B. May 8, 2017), the PTAB found that petitioner Johns Manville (JM) was not estopped from…
