Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
It’s been more than a week that the 2020 Summer Olympics, officially the Games of the XXXII Olympiad and branded as Tokyo 2020 begun. But we are in 2021; is this a mistake? Actually not, and the reason behind this is a number of intellectual property…
BOT M8 LLC v. SONY CORPORATION OF AMERICA Before Dyk, Linn, and O’Malley. Appeal from the United States District Court for the Northern District of California Summary: The district court’s conclusion that allegations of infringement were not…
Written by : Tom Cowan The U.S. Patent and Trademark Office ( USPTO ) allows a patent applicant to pay reduced fees if it qualifies as a “small entity.” Many types of filing fees are reduced by 50% . These savings can be important for companies…
MINERVA SURGICAL, INC. v. HOLOGIC, INC., et al. Supreme Court of the United States. Opinion of the Court written by Justice Kagan. Justice Alito filed a dissenting opinion. Justice Barrett filed a dissenting opinion, joined by Justices Thomas and Gorsuch.…
IN RE: SAMSUNG ELECS., CO., LTD. Before Lourie, Dyk, and Reyna. On Petitions for Writs of Mandamus to the U.S. District Court for the Western District of Texas. Summary: Manipulation of venue through pre-litigation actions can lead to transfer of venue.…
U.S. v. Arthrex, Inc. Before the United States Supreme Court. Majority opinion by Chief Justice Roberts. On writ of certiorari to the United States Court of Appeals for the Federal Circuit. Summary: A statute preventing the PTO Director from reviewing IPR…
On June 3, 2021, Conformis continued its patent enforcement efforts involving patient-specific technologies by filing suit against Bodyhub and Exactech in the Middle District of Florida. In a first complaint, filed against Exactech, Conformis accused…
The TTAB has affirmed a refusal to register the trade dress configuration mark (see below) of the popular Timberland boot, a wardrobe staple in hip-hop culture ( see The World is Yours by Nas), stating the configuration failed to attain acquired…
BIO-RAD LABORATORIES, INC. v. ITC Before Newman, Lourie, and Dyk. Appeal from the ITC. Summary: Patentees cannot escape the bounds of their claims by promoting oversimplified characterizations of those claims. Bio-Rad brought an ITC action against 10X…
BECTON, DICKINSON AND COMPANY v. BAXTER CORPORATION ENGLEWOOD Before Prost, Clevenger, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: A patent that has issued and subsequently been canceled may be cited as a reference in an IPR. Becton…
In April 2021, big-box retailer Walmart Apollo, LLC (“Walmart”) filed a trademark opposition against Yeezy LLC’s (“Yeezy”) U.S. Trademark Application Serial No. 88/746444 for its sun rays design mark, shown below…
NEW VISION GAMING & DEVELOPMENT, INC. V. SG GAMING, INC. Before Newman, Moore, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit vacated and remanded two CBM decisions under Arthrex without resolving other issues…
