Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
SYNQOR, INC. v. VICOR CORPORATION Before Dyk, Clevenger, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A finding during inter partes reexamination that two references would not be combined precluded a finding of obviousness based on…
JOHN BEAN TECHNOLOGIES CORP. v. MORRIS & ASSOCIATES, INC. Before, Lourie, Reyna, and Wallach. Appeal from the U.S. District Court for the Eastern District of Arkansas Summary: Recoupment of monetary investment is not the sole factor a court must consider,…
CANFIELD SCIENTIFIC, INC. v. MELANOSCAN, LLC Before Newman, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s refusal to consider presented arguments and evidence can be a misapplication of the law of obviousness.…
SYNCHRONOSS TECHNOLOGIES, INC v. DROPBOX, INC. Before Prost, Reyna, and Taranto. Appeal from the U.S. District Court for the Northern District of California. Summary: A claim construed to require hardware does not cover software alone. Synchronoss…
MOJAVE DESERT HOLDINGS, LLC v. CROCS, INC. Before Newman, Dyk, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: The purchaser or assignee of all assets and interests of the requester of inter partes reexamination could substitute…
Infinity Computer Products v. Oki Data Americas, Inc. Before Prost, Clevenger, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: Contradictory positions taken during prosecution and reexamination regarding the scope of…
CHUDIK V. HIRSHFELD Before Taranto, Bryson, and Hughes. Appeal from the United State District Court for the Eastern District of Virginia Summary: An examiner’s self-reversal may not qualify as “reversing an adverse determination.” In…
CXLOYALTY, INC. v. MARITZ HOLDINGS INC. Before Prost, Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A claim implementing an abstract idea using conventional techniques is patent ineligible. CxLoyalty petitioned for covered…
QUIKTRIP WEST, INC. V. WEIGEL STORES, INC. Before Lourie, O’Malley, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: When comparing marks under the Dupont factors, the Board may give less weight to shared terms that are highly…
SIMO HOLDINGS INC. v. HONG KONG UCLOUDLINK NETWORK Before O’Malley, Wallach, and Taranto. Appeal from the United States District Court for the Southern District of New York. Summary: A claim construction that excludes an embodiment disclosed in the…
ABS GLOBAL, INC. V. CYTONOME/ST, LLC Before Prost, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A patent owner may moot a petitioner’s appeal of an IPR final written decision of no unpatentability by declining to appeal a…
SIONYX LLC v. HAMAMATSU PHOTONICS K.K. Before Lourie, Reyna, and Wallach. Appeal from the U.S. District Court for the District of Massachusetts. Summary: A party who discloses confidential information pursuant to a NDA may be entitled to ownership of U.S.…
