Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
In BASF Corp. v. SNF Holding Co, Appeal No. 2019-1243 (Fed. Cir., April 8 2020), a Fed. Cir. panel of Judges Lourie, Moore and Chen – Lourie writing—reviewed the district court’s holding that a BASF patent (U.S. Pat. No. 5,663,329) on a…
In Re FORNEY INDUSTRIES, INC. Before Dyk, O’Malley, and Chen. Appeal from the Trademark Trial and Appeal Board. Summary: Multi-colored marks may be inherently distinctive when used on product packaging. Forney filed a Trademark Application for a…
KEITH MANUFACTURING CO. v. BUTTERFIELD Before Taranto, Clevenger, and Hughes. Appeal from the United States District Court for the District of Oregon. Summary: A voluntary dismissal with prejudice under Rule 41(a) does not preclude consideration of…
MYCO INDUSTRIES, INC. v. BLEPHEX, LLC Before Newman, O’Malley, and Taranto. Appeal from the U.S. District Court for the Eastern District of Michigan Summary: Enjoining a patentee from making statements about potential patent infringement requires a…
Written by : Mak Tsunozaki, Ph.D. & Kendall Loebbaka ARTHREX, INC. v. SMITH & NEPHEW, INC. Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Petition for rehearing en banc of a panel decision of an…
ALLEN V. COOPER Before Kagan, Roberts, Alito, Sotomayor, Gorsuch, Kavanaugh, Thomas, Breyer, and Ginsburg. Appeal from the Fourth Circuit. Summary: States cannot be sued for copyright infringement as the Copyright Remedy Clarification Act’s…
FACEBOOK, INC., V. WINDY CITY INNOVATIONS LLC Before Prost, Plager, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: An IPR petitioner may not join itself to an earlier IPR in which it was already a party, and may not add new…
ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC. Before Lourie, Moore, and Reyna. Appeal from the Northern District of California. Summary: Use of a natural phenomenon in a method of preparation claim found patent eligible under § 101. Illumina, Inc.…
HAFCO FOUNDRY AND MACHINE CO. v. GMS MINE REPAIR Before Newman, Chen, and Stoll. Opinion filed per curiam . Appeal from the Southern District of West Virginia. Summary: Objections to jury instructions should be timely made at trial in order to be preserved…
KAKEN PHARMCEUTICAL CO., LTD., BAUSCH HEALTH COMPLAINTS INC., V. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADE MARK OFFICE Judges: Newman, O’Malley, and Taranto. Appeal from the…
Communications Test Design, Inc. v. Contec, LLC Before O’Malley, Mayer, and Wallach. Appeal from the Eastern District of Pennsylvania. Summary: Filing a declaratory judgment action in the midst of ongoing licensing negotiations may justify deviation…
PERSONALIZED MEDIA COMMUNICATION, LLC v. APPLE INC Before Reyna, Taranto and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Prosecution history evidence need not rise to the level of disclaimer to inform the meaning of disputed claim…
