Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
CASE OF THE WEEK Realtime Adaptive Streaming L.L.C. v. Sling TV, L.L.C. , Appeal No. 2023-1035 (Fed. Cir. August 23, 2024) In its only precedential patent decision this week, the Federal Circuit helped clarify which facts may be considered by a district…
Written by : Aaron R. Lazarecky & Karen Cassidy Selvaggio PLATINUM OPTICS TECHNOLOGY INC., v. VIAVI SOLUTIONS INC. Before Moore . Appeal from the Patent Trial and Appeal Board. Summary : Standing based on potential infringement liability requires concrete…
The sixth edition of the Patent Intelligence Report, released in March this year, provides an in-depth analysis of the patent prosecution landscape, drawing from different datasets to generate a range of statistics. The report covers patent application…
CASE OF THE WEEK Allergan USA, Inc. v. MSN Laboratories Private Ltd. , Appeal No. 2024-1061 (Fed. Cir. August 13, 2024) In this week’s Case of the Week, the Federal Circuit clarifies rules relating to when an applicant’s patent can be used for…
Written by : Brandon G. Smith & Juliana H. Kirby CELANESE INTERNATIONAL CORPORATION v. ITC Before Reyna, Mayer, and Cunningham. Appeal from the International Trade Commission. Summary: Process patent claims are invalid under the on-sale bar (35 U.S.C.…
Written by : Daniel P. Hughes & Jordan A. DeOrio MOBILE ACUITY LTD. v. BLIPPAR LTD . Before Lourie, Bryson, and Stark. Appeal from the United States District Court for the Central District of California. Summary: Patent claims that merely recite…
Written by : Daniel P. Hughes & Savannah J. Torborg BUREAU NATIONAL INTERPROFESSIONNEL DU COGNAC v. COLOGNE & COGNAC ENTERTAINMENT Before Lourie, Clevenger and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: Fame and likelihood of…
When several ANDA filers seek approval for the same drug, a branded pharmaceutical company may struggle to bring Hatch-Waxman Act patent infringement lawsuits against all challengers in a single court due to venue limitations. In recent years,…
CASE OF THE WEEK Mobile Acuity Ltd. v. Blippar Ltd. , Appeal No. 2022-2216 (Fed. Cir. Aug. 6, 2024) In its only precedential patent opinion last week, the Federal Circuit confirmed the invalidity of all claims of two asserted patents as abstract under…
In April, we released the fourth edition of the Trademark Intelligence Report , providing an in-depth analysis of trademark filing and registration trends. The report offers comprehensive data and metrics, covering the top 2,000 most active attorneys, law…
CASE OF THE WEEK Sanho Corp. v. Kaijet Technology International Limited Inc. , Appeal No. 2023-1336 (Fed. Cir. July 31, 2024) In our Case of the Week, the Federal Circuit held that the private but non-confidential sale of thousands of laptop ports did not…
Written by : Kelsey S. Weinman & Justin J. Gillett KOSS CORPORATION v. BOSE CORPORATION Before Hughes , Stoll, and Cunningham. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary : Filing an amended complaint…
