Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
SOUND VIEW INNOVATIONS, LLC v. HULU, LLC Before Prost, Mayer, and Taranto. Appeal from the United States District Court for the Central District of California. Summary: It was improper to find a claim limitation was missing without affirmatively construing…
AURIS HEALTH, INC., v. INTUITIVE SURGICAL OPERATIONS, INC., Before Dyk, Prost , and Reyna. Appeal from the Patent Trial and Appeal Board (PTAB). Summary : Evidence of generic industry skepticism cannot, by itself, form the basis to preclude a finding of…
SUNOCO PARTNERS MARKETING v. U.S. VENTURE, INC. Before Prost , Reyna, and Stoll. Appeal from the United States District Court for the Northern District of Illinois. Summary : References to testing in an offer for sale do not necessarily trigger application…
APPLE INC. v. ZIPIT WIRELESS, INC. [OPINION]- PRECEDENTIAL Before Hughes, Mayer and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: Notice letters and related communications may be sufficient to…
NIAZI LICENSING CORPORATION v. ST. JUDE MEDICAL S.C., INC. Before Taranto, Bryson, and Stoll. Appeal from the U.S. District Court for the District of Minnesota. Summary: Providing examples in the claim language and written description may provide…
ROCHE DIAGNOSTICS CORPORATION v. MESO SCALE DIAGNOSTICS, LLC Before Newman, Prost, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: A finding of inducing infringement requires knowledge that the induced acts…
LITTELFUSE, INC. v. MERSEN USA EP CORP. Before Prost, Bryson, and Stoll. Appeal from the U.S. District Court for the District of Massachusetts. Summary: The Federal Circuit vacated a claim construction that violated the doctrine of claim differentiation by…
GENUINE ENABLING TECHNOLOGY LLC V. NINTENDO CO., LTD Before Newman, Reyna, and Stoll. Appeal from the Western District of Washington. Summary: A finding of prosecution disclaimer must be supported by an unambiguous disavowal within the intrinsic record.…
ALMIRALL, LLC v. AMNEAL PHARMACEUTICALS LLC Before Lourie, Chen, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: Presumption of obviousness based on overlapping ranges applied where a prior-art reference disclosed an element in the…
APPLE INC. v. MPH TECHNOLOGIES OY Before Moore, Prost, and Taranto. Appeal from Patent Trial and Appeal Board. Summary: The proximity of concepts in a claim may link the concepts together and affect the plain meaning of the claim. Apple petitioned for…
HOYT AUGUSTUS FLEMING V. CIRRUS DESIGN CORPORATION Before Lourie, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A claim is obvious where “the proposed combination of [the references]—rather than one of the…
ALARM.COM INC. v. HIRSHFELD Before Taranto, Chen, and Cunningham. Appeal from the United States District Court for the Eastern District of Virginia. Summary: The Administrative Procedure Act (APA) permits judicial review of a Patent Office decision…
