Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged patent litigation · clear
Core Wireless v. LG affirms the denial of summary judgment as to unpatentable subject matter, ruling that the asserted claims are directed to an improved user interface for computing devices, not to the abstract idea of an index. In MaxLinear v. CF CRESPE…
In the sole precedential patent case decided this week, Flexuspine v. Globus , the Circuit affirms rulings of the district court relating to verdict forms where the verdict form included a “stop” instruction in the event the jury found there to…
The Supreme Court is taking another patent case, granting certiorari in WesternGeco v. Ion . A divided panel of the Circuit had ruled that the plaintiff was not entitled to lost profits as a result of the sale of components of a patented invention from the…
The big news yesterday was the Circuit’s en banc decision in Wi-Fi One v. Broadcom in which a majority of the court holds that, given the strong presumption in favor of judicial review, the Circuit should hear appeals of the issue of whether an IPR…
In both HTC v. Cellular and Microsoft v. Biscotti , the Circuit affirms rare IPR determinations that all of the claims of the patents at issue are not invalid. In Travel Sentry v. Tropp , the Circuit vacates summary judgment in favor of luggage…
In Regeneron Pharmaceuticals v. Merus N.V. , [16-1346] the Federal Circuit denied rehearing and rehearing en banc the July panel decision, previously discussed here , that litigation misconduct warranted a finding of inequitable conduct in patent…
Arctic Cat v. Bombardier deals with obviousness, patent marking, reasonable royalties, willfulness and enhanced damages. The panel affirms all of the district court’s rulings other than as to patent marking, which it remands for the district court to…
We do not usually report on district court cases, but the Columbia Sportswear v. Seirus design patent case handled by our firm is particularly interesting, given the award of all of defendant’s profits, and the district court’s recent grant of…
. In the Micron Tech case, the Circuit rules that TC Heartland changed the law on patent venue such that Micron’s argument of improper venue is now much easier to present than it would have been at an earlier point in the case. This will permit…
In Sanofi v. Watson Labs. , the Circuit affirms a determination of induced infringement of one patent and direct infringement of another, thus assuring Sanofi another 12 years of exclusivity as to its Multaq® atrial fibrillation drug. Thanks to my…
In Bayer v. Watson , the panel throws out Bayer’s patent to its Staxyn erectile dysfunction drug as being obvious, noting that the district court focused too heavily on the commercial availability of the prior art. The panel also noted that potential…
EXECUTIVE SUMMARY: When the America Invents Act was passed in 2011, most of us saw the inter partes review process as a streamlined, relatively inexpensive procedure that would permit accused infringers, especially those accused by non-practicing entities,…
