Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
INDIVIOR UK LIMITED v. DR. REDDY'S LABORATORIES S.A. Before Lourie, Linn, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: Claims of a continuation application were anticipated because they were not entitled to the filing date of a…
ROHM SEMICONDUCTOR USA, LLC v. MAXPOWER SEMICONDUCTOR, INC. Before Lourie, O’Malley, and Chen. Appeal from the U.S. District Court for the Northern District of California. Summary: An arbitration agreement, which incorporated the California Code of…
GALPERTI, INC. v. GALPERTI S.R.L. Before: Moore, Prost, Taranto. Appeal from the Trademark Trial and Appeal Board. Summary: Evidence of use of a term even without a showing of secondary meaning, by any third party, is relevant to demonstrate that an…
APPLE, INC. v. QUALCOMM, INC. Before Newman, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Apple lacked standing to appeal an IPR decision upholding patents that Apple licenses from Qualcomm, in light of a prior decision with…
UNIVERSITY OF STRATHCLYDE v. CLEAR-VU LIGHTING LLC Before Reyna, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit reversed the PTAB’s obviousness decision because the inventors succeeded where the…
On October 5, 2021, the U.S. Federal Circuit reversed a finding of invalidity by the Patent Trial and Appeal Board (PTAB) for patent claims related to an “artificial valve for repairing a damaged heart valve.” St. Jude Medical LLC (“St.…
TRAXCELL TECHNOLOGIES, LLC V. NOKIA SOLUTIONS AND NETWORKS Before Prost, O’Malley, and Stoll. Appeal from the Eastern District of Texas. Summary: An applicant’s arguments distinguishing prior art during patent prosecution constituted a…
MOBILITY WORKX, LLC v. UNIFIED PATENTS, LLC Before Newman, Schall, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: Fee-funded structure of AIA review proceedings does not violate due process. After inter partes review (“IPR”),…
Traxcell Techs., LLC v. Sprint Commn’s Co. et al Before Prost, O’Malley, and Stoll. Appeal from the Eastern District of Texas. Summary: A patentee’s extensive citations to evidence failed to avoid summary judgment of noninfringement…
KANNUU PTY LTD. v. SAMSUNG ELECTRONICS CO., LTD. Before Newman, Prost, and Chen. Appeal from the United States District Court for the Southern District of New York. Summary: The forum selection clause in the parties' non-disclosure agreement only…
COSMOKEY SOLUTIONS GMBH & CO. KG V. DUO SECURITY LLC Before O’Malley, Reyna, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Patent claims directed to computer-implemented authentication and verification…
ACCELERATION BAY LLC v. TAKE-TWO INTERACTIVE SOFTWARE Before Moore, Reyna, and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: The “final assembler” theory of direct infringement does not apply to…
