Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged obviousness · clear
Written by : Brok S. Humbert & Adam Powell UBER TECHNOLOGIES, INC. v. X ONE, INC. Before Prost, Dyk, and Wallach. Appeal from the U.S. Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Because a mapping technique must be performed on…
SPIGEN KOREA CO., LTD. v. ULTRAPROOF, INC. Before Newman, Lourie, and Reyna. Appeal from the Central District of California. Summary: Summary judgment of obviousness is improper for a design patent if there is a genuine dispute as to whether a prior art…
VALEANT PHARMACEUTICALS INTL. v. MYLAN PHARMACEUTICALS INC. Before Lourie, Reyna, and Hughes. Appeal from the United States District Court for the District of New Jersey. Summary: Prior art ranges for solutions of structurally and functionally similar…
HVLPO2, LLC v. OXYGEN FROG, LLC Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida. Summary: It is an abuse of discretion to permit a witness to testify as an expert on issues of…
KONINKLIJKE PHILIPS N.V. v. GOOGLE LLC Before Prost, Newman, and Moore. Appeal from Patent Trial and Appeal Board. Summary: The Board can institute IPR only on grounds raised in a petition. Additionally, the Board can rely on general knowledge of a skilled…
FOX FACTORY, INC. v. SRAM, LLC Before Prost, Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board (PTAB). Summary: When a commercial product contains unclaimed features, a presumption of nexus between the claims and secondary consideration…
TELEFONAKTIEBOLAGET LM ERICSSON v. TCL CORPORATION Before NEWMAN, LOURIE, and CLEVENGER. Appeal from the Patent Trial and Appeal Board. Summary: Publications shelved in publicly accessible libraries may be publicly available prior art references as of the…
OSI PHARMACEUTICALS, LLC v. APOTEX INC Before Stoll , Newman, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : A pharmaceutical company’s statement touting the completion of Phase I safety trials for FDA approval is not…
CELGENE CORPORATION v. PETER Before Prost , Bryson, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the Fifth Amendment. The Coalition…
GAME AND TECHNOLOGY CO., LTD. v. ACTIVISION BLIZZARD INC. Before Prost, Lourie, and Wallach . Appeal from the Patent Trial and Appeal Board (PTAB). Summary : A single prior art reference can render a patent obvious if it would have been obvious to modify…
SAMSUNG ELECTRONICS CO., LTD. v. ELM 3DS INNOVATIONS, LLC Before Moore , Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : If the technology is complex, a party may be required to provide more evidence of a reasonable expectation of…
NOVARTIS PHAMACEUTICALS CORP V. WEST-WARD PHARMACEUTICALS Before Stoll , Plager, and Clevenger. Appeal from the United States District Court for the District of Delaware. Summary: When a method of using a prior art compound is claimed rather than the…
