Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged cafc · clear
The Supreme Court is the highest court in the United States, and its decisions have a significant impact on the country's legal system. Every year, the Court receives thousands of petitions asking it to review lower court decisions, but it only agrees…
In late October, we published our CAFC Intelligence report, the second annual report covering the patent-related CAFC appeals originating from patent litigation cases from three different venues, district courts, USPTO’s proceedings, and the ITC.…
In late October, we released our second annual CAFC Intelligence Report. The report provided high-level statistics and insights and evaluated the stakeholders participating in the patent-related CAFC appeals originating from the USPTO, ITC, or district…
There had been only two cases where damages over $2 billion have been awarded in a patent litigation case, in Pfizer vs Teva Pharmaceuticals (TEVA) & Sun Pharma (2013) – $2.15B and in Idenix vs Gilead Sciences Inc (2016) – $2.54B. The entire IP…
In 2019, Stephen Thaler filed two patent applications, 16/524,350 (teaching a “Neural Flame”) and 16/524,532 (teaching a “Fractal Container”). What was unusual in these applications was that he named an AI system called DABUS…
Tomorrow we will release our 2022 CAFC Intelligence Report, where we have analyzed all the patent-related CAFC appeals from the USPTO, ITC, or district courts. The report covers a 5-year period, from Jan., 1, 2017, through Dec., 31, 2021, offering…
This month we will publish our second annual CAFC Intelligence Report 2022, which covers the Court of Appeals for the Federal Circuit (CAFC). This report will focus on the patent-related cases filed before the CAFC during the five-year period from Jan., 1,…
The verdict was affirmed just last month but the history of this case goes back to 2009. Orange Bang sued Vital Pharmaceuticals because they named their pre-workout drinks “Bang”. According to the Orange Bang , this was trademark infringement…
We have analyzed all the patent-related CAFC appeals, originating from the PTAB, ITC or district courts. The analysis covers a 5-year period, from January 1, 2016 through December 31, 2020. Our first CAFC Intelligence Report will be released tomorrow. The…
PTAB Appeals Focused on Merits The SCOTUS re-calibrated the PTAB’s appeal bar in Thryv, Inc v. Click-To-Call Techs ., LP., explaining that potential violations of 35 U.S.C. § 315(b) were too closely related to the institution determination of…
Are Biosimilar Development Efforts Enough? In Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Co. ( here ), the Federal Circuit was poised to explore the level of biosimilar legwork that could satisfy Article III standing for appeal from an adverse…
Change in Claim Construction Standard Provides Greater Appellate Opportunity Some months back the Patent Trial & Appeal Board (PTAB) proposed dropping the broadest reasonable interpretation (BRI) in favor of the so-called “Phillips…
