Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
Written by : Douglas B. Wentzel SANDERLING MANAGEMENT LTD. v. SNAP INC. Before Chen, Cunningham, and Stark . Appeal from the United States District Court for the Central District of California. Summary : The district court properly found that digital…
Written by : Morgan Robertson & Douglas B. Wentzel HEALTHIER CHOICES MANAGEMENT CORP. V. PHILIP MORRIS USA, INC. Before Taranto, Stoll , and Cunningham. Appeal from the United States District Court for the Northern District of Georgia. Summary : A…
Written by : Jack Hendershott & Jacob R. Rosenbaum SALAZAR V. AT&T MOBILITY LLC Before Stoll , Schall, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Summary : While the indefinite article “a” means…
Written by : Zachary B. Messick & Douglas B. Wentzel ARBUTUS BIOPHARMA CORPORATION v. MODERNATX, INC. Before Reyna , Schall, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : Arbutus’ patent was anticipated by an earlier Arbutus…
BERTINI v. APPLE INC. Before Moore , Taranto and Chen. Appeal from the Patent Trial and Appeal Board. Summary : Tacking a mark for one good or service does not grant priority for every other good or service in the trademark application. Apple filed a…
Written by : Nathan D. Reeves & Amanda K. Taylor IRONBURG INVENTIONS LTD. v. VALVE CORP. Before Lourie, Clevenger, and Stark . Appeal from the United States District Court for the Western District of Washington. Summary : The patentee has the burden of…
Written by : Brandon G. Smith ROKU, INC. v. UNIVERSAL ELECTRONICS, INC. Before Newman, Reyna, and Stoll . Appeal from the Patent Trial and Appeal Board. Summary : When an appeal from the PTAB addresses only a factual issue, the substantial evidence…
CASE OF THE WEEK Apple Inc. v. Vidal , Appeal No. 2022-1249 (Fed. Cir. Mar. 13, 2023) In our Case of the Week, the Federal Circuit allowed Apple’s challenge to the Patent Trial and Appeal Board’s (“PTAB”) Fintiv rules to proceed, at…
Written by : Justin J. Gillett & Eric Wittgrove INTEL CORP. V. PACT XPP SCHWEIZ AG Before Newman, Prost , and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Under the “known-techniques” rationale, a motivation to combine two…
Written by : J ustin J. Gillett & Kenneth O. Aruda, Ph.D. ALTERWAN, INC. V. AMAZON.COM, INC., AMAZON WEB SERVICES, INC. Before Lourie, Dyk , and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: The Federal Circuit…
Written by : Justin J. Gillett & David J.K. Hulett APPLE INC. v. VIDAL Before Lourie, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: Judicial review is available to determine whether the…
CASE OF THE WEEK Regents of the University of Minnesota v. Gilead Sciences, Inc. , Appeal No. 21-2168 (Fed. Cir. Mar. 6, 2023) The Federal Circuit’s only precedential patent opinion this week focuses on the written description requirement in the…
