Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
In Thales Visionix, Inc., v. U.S., [2015-5150] (March 8, 2017), the Federal Circuit reversed the U.S. Court of Federal Claims (“Claims Court”) determination that the claims of U.S. Patent No. 6,474,159 were directed to patent ineligible subject…
Written by Scott Raevsky and Mark Rubinshtein , Ph.D. The Patent Trial and Appeal Board issued concurrent final written decisions upholding the validity of all challenged claims of U.S. Patent No. 8,141,154 in Palo Alto Networks, Inc. v. Finjan. Inc.…
Written by Peter Heuser, Schwabe Williamson & Wyatt In Nidec v. Zhongshan , the panel reverses a determination of anticipation, noting that the Circuit’s Kennametal case does not stand for the proposition that anticipation can be found even when a…
Last month, the Federal Circuit issued its opinion in Shire Development v. Watson Pharmaceuticals, finding that Watson’s generic version of LIALDA® did not infringe U.S. patent 6,773,720 (“the ‘720 patent”). In particular, the…
Written by Daniel K. Yarbrough, Ph.D. and Kerry S. Taylor, Ph.D. Bevacizumab (Avastin®) is the subject of the widely watched “patent dance” dispute between Genentech and Amgen regarding Amgen’s proposed biosimilar. Hospira, however,…
Last week, the Delaware district court granted Aurobindo’s motion for summary judgment of non-infringement of Reckitt’s patents directed to a “modified release drug product” containing a sustained-release formulation of guaifenesin…
Followers of this blog may have recognized through the years an implicit belief in a connection between the sometimes intricate rules of intellectual property and larger, high-level issues, principally climate change, but also business, competition, and…
Written by Damien Howard and Nathanael Luman, Ph.D. The Patent Trial and Appeal Board (“PTAB”) invoked its discretion under 35 U.S.C. § 325(d) to deny Toyota’s IPR petition against Adaptive Headlamp’s U.S. Patent No. 7,241,034…
Written by Chang Lim and Lincoln S. Essig The Federal Circuit recently clarified what patents are subject to the Transitional Program for Covered Business Method Patents, or CBM review, in Secure Axcess, LLC v. PNC Bank National Association . [ 1 ] In…
Written by Diana E. Wade and Ian W. Gillies Edited by Loni Morrow and Catherine Holland Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark rights can create a…
Couple of weeks ago we reported that Zond ranked first among patent owners with 125 IPR challenges filed against 10 of its patents. This week we delved into the claim-level analysis of these IPR cases. A total of 371 unique claims had been challenged, and…
Written by Casey D. Donahoe, Ph.D. and Kerry S. Taylor, Ph.D. The Patent Trial and Appeal Board granted a rare request for rehearing of its earlier decision denying institution of an asserted anticipation ground in Asustek Computer, Inc. v. Avago…
