Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
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…
CARDIONET, LLC v. INFOBIONIC, INC Before Dyk, Plager, and Stoll. Dyk dissenting in part. Appeal from the District of Massachusetts. Summary: Alice step one is a threshold inquiry that can be resolved by analyzing the intrinsic record without considering…
STRATUS NETWORKS, INC. v. UBTA-UBET COMMUNICATIONS INC. Before Moore, Lourie, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: The absence of explicit findings on particular DuPont factors used by the Board to assess whether there is a…
ERICSSON INC. v. TCL COMMUNICATION TECHNOLOGY Before Prost, Newman, and Chen. Appeal from the Eastern District of Texas. Summary: The issue of patent eligibility under § 101 may be preserved for appeal even if not raised for decision or mentioned in…
GOLDEN v. U.S. Before O’Malley, Mayer, and Wallach. Appeal from the United States Court of Federal Claims. Summary: (1) Patent infringement claims against the government must be brought under 28 U.S. § 1498, not as a Fifth Amendment taking…
BOZEMAN FINANCIAL LLC V. FEDERAL RESERVE BANK Before Lourie, Dyk, and Moore. Appeal from the Patent Trial and Appeal Board. Summary: Banks that are members of the Federal Reserve System but are operationally distinct from, and not owned by, the federal…
O.F. MOSSBERG & SONS, INC. v. TIMNEY TRIGGERS, LLC Before Lourie, Reyna, and Hughes. Appeal from the United States District Court for the District of Connecticut. Summary: A stay, followed by a voluntary dismissal, is not a final court decision capable of…
Written by : James Yang & Mark Kachner NEVRO CORPORATION v. BOSTON SCIENTIFIC CORPORATION Before Moore, Taranto, and Chen. Appeal from U.S. District Court for the Northern District of California. Summary: Functional claim term directed at avoiding a side…
CAFC Decision Moots Some POP Consideration in Hunting Titan Dispute Last November, the PTAB ordered Precedential Opinion Panel (POP) review of the final written decision in Hunting Titan, Inc. v. DynaEnergetics GmbH & Co. KG, Inc., IPR2018-00600. The…
Technical Consumer Prods., Inc. v. Lighting Science Grp Corp . Before Dyk, Chen, and Stoll; Appeal from the P.T.A.B. Summary: A term with a narrow antecedent basis in an open ended claim may allow a wider range of prior art references to anticipate…
NIKE, INC. v. ADIDAS AG Before Lourie, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Patent Trial and Appeal Board may sua sponte identify a patentability issue for a proposed substitute claim based on the prior art of…
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…
