Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
Computers nowadays can produce music, poems as well as paint, sometimes even better than humans and all of the above qualifies as copyrightable material. But can it be copyrighted if it’s made from AI? Back in 2018 there was a case which was brought…
Back in January, the Japan-based anti-piracy group CODA (Content Overseas Distribution Association) announced that by April they would launch an international body which will fight online piracy for anime, manga and other similar content which is protected…
ALMIRALL, LLC v. AMNEAL PHARMACEUTICALS LLC Before Lourie, Chen, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: Presumption of obviousness based on overlapping ranges applied where a prior-art reference disclosed an element in the…
APPLE INC. v. MPH TECHNOLOGIES OY Before Moore, Prost, and Taranto. Appeal from Patent Trial and Appeal Board. Summary: The proximity of concepts in a claim may link the concepts together and affect the plain meaning of the claim. Apple petitioned for…
HOYT AUGUSTUS FLEMING V. CIRRUS DESIGN CORPORATION Before Lourie, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A claim is obvious where “the proposed combination of [the references]—rather than one of the…
On February 10, 2022, in Junker v. Medical Components, Inc ., the U.S. Court of Appeals for the Federal Circuit reversed the Eastern District of Pennsylvania’s grant of summary judgment of no invalidity under the “on-sale bar” of 35…
ALARM.COM INC. v. HIRSHFELD Before Taranto, Chen, and Cunningham. Appeal from the United States District Court for the Eastern District of Virginia. Summary: The Administrative Procedure Act (APA) permits judicial review of a Patent Office decision…
IN RE STEVE ELSTER Before Dyk, Taranto, and Chen. Appeal from the Trademark Trial and Appeal Board. Summary: The Patent and Trademark Office violated the First Amendment by refusing to register the trademark TRUMP TOO SMALL absent consent from former…
ADAPT PHARMA OPERATIONS LTD. V. TEVA PHARMS. USA, INC. Before Newman, Prost, and Stoll. Appeal from the United States District Court for the District of New Jersey. Summary: Recent attempts by competitors to achieve patented technology, both before and…
LARRY G. JUNKER V. MEDICAL COMPONENTS, INC. Before Dyk, Reyna, and Stoll. Appeal from United States District Court for the Eastern District of Pennsylvania. Summary: A letter containing specific delivery conditions, risk allocations, and payment terms may…
The Federal Circuit issued numerous precedential opinions last week, two of which answered long simmering questions about inter partes reviews (IPRs). Below we discuss a case addressing whether admissions of prior art in the patent itself can be considered…
QUANERGY SYSTEMS, INC. v. VELODYNE LIDAR USA, INC. Before Newman, Lourie, and O’Malley . Appeal from the Patent Trial and Appeal Board. Summary: Despite applying the standard of broadest reasonable construction, a claim term’s narrowed…
