Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
The first quarter of 2021 just ended but several recent trials in Waco, Texas including the famous VLSI Technology vs. Intel, which resulted in a $2.18B verdict , garnered all the attention of the patent community. Patent litigation continues to grow as…
APPLE, INC. v. QUALCOMM, INC. Before Moore, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Apple lacked standing to appeal an IPR decision upholding patents it licenses from Qualcomm, despite Apple’s royalty payments for a…
WI-LAN INC. v. SHARP ELECTRONICS CORPORATION Before Dyk, Taranto, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Source code evidence found to be inadmissible hearsay with no exception to save it. Wi-LAN sued…
IN RE: BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY Before Prost, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: The specific combination of purely mathematical steps in a claim are not inventive enough to…
DEPUY SYNTHES PRODUCTS, INC. v. VETERINARY ORTHOPEDIC IMPLANT, INC. Before Prost, Clevenger, and Dyk. Appeal from the Middle District of Florida. Summary: Internal efforts to maintain confidentiality are not enough to establish a confidential relationship…
MYLAN LABS. LTD. v. JANSSEN PHARMACEUTICA, N.V. Before Newman, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit lacks jurisdiction over appeals from decisions denying institution of an IPR. However, the Federal…
In Re THE BOARD OF TRUSTEES Before Prost, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: A claim directed to an innovative mathematical process to generate data was a patent ineligible algorithm that lacked any improvement of a…
UNILOC 2017 LLC v. FACEBOOK INC. Before Lourie, Wallach, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: 35 U.S.C. § 314(d) does not preclude Federal Circuit review of the Patent Trial and Appeal Board’s post-institution…
EDGEWELL PERS. CARE BRANDS, LLC v. MUNCHKIN, INC. Before Newman, Moore, and Hughes. Appeal from the U.S. District Court for the Central District of California. Summary: Apparatus claims’ non-functional terms should be construed to cover all of the…
BAYER HEALTHCARE LLC v. BAXALTA INC. Before Newman, Linn, and Stoll. Appeal from the District of Delaware. Summary: In upholding a $173 million dollar award, the Federal Circuit permitted a damages expert to present a range of reasonable potential royalty…
RAIN COMPUTING, INC. v. SAMSUNG ELECTRONICS CO. LTD. Before Lourie, Dyk, and Moore. Appeal from the United States District Court for the District of Massachusetts. Summary: The structure for performing a function of a means-plus-function term may not be a…
BITMANAGEMENT SOFTWARE GMBH v. UNITED STATES Before NEWMAN, DYK, and O’MALLEY, Circuit Judges. Appeal from the United States Court of Federal Claims. Summary: The U.S. Navy infringed Bitmanagement’s software copyright by copying its software…
