Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
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Federal Circuit Summary Before Moore , Taranto, and Stoll. Appeal from the United States District Court for the Northern District of Illinois. Summary : (1) Terms of degree, including “minimal,” may render claims indefinite if the specification…
Written by Scott Forbes and Andrew Schwaab In Shipping and Transit, LLC v. Hall Enterprises, Inc. , a district court recently held that a patent infringement case was “exceptional” under 35 U.S.C. § 285 and the defendant was entitled to…
Written by Keith Lim and Maria Anderson Note: an Addendum has been added to this previously published article. In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s…
Written by Damien Howard and Lincoln S. Essig In a non-precedential opinion, the Federal Circuit affirmed the district court’s ruling that the claims at issue in Easyweb Innovations, LLC. v. Twitter, Inc. (“Easyweb”) were directed to…
Written by Keith Lim and Vlad Teplitskiy In a precedential opinion, the Federal Circuit affirmed the determination by the Patent Trial and Appeal Board (“PTAB”) in a covered business method review proceeding that the claims of U.S. Patent No.…
Written by Scott Forbes and Bryan McWhorter The Federal Circuit recently held in RecogniCorp, LLC v. Nintendo Co., Ltd. (Fed. Cir. 2016) that claims directed to encoding and decoding image data were not patent-eligible under 35 U.S.C. § 101. This…
Written by Keith Lim and Maria Anderson In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s rejection that claims directed to an energy transaction plan were…
Written by Mark E. Davis and Ben J. Everton Petitioner Unified Patents, LLC filed an IPR petition challenging 29 claims of US Pat. No. 8,640,183 owned by Convergent Media Solutions, LLC. Unified’s numerous inter partes review (“IPR”)…
Written by Eric Y. Zhou and Vlad Teplitskiy Nearly 40 years ago, the Supreme Court held in Diamond v. Diehr that while patent claims directed solely to abstract ideas, such as mathematical formulas, are not patent eligible, a claim containing a…
Written by Chang Lim and Lincoln S. Essig The Federal Circuit recently clarified what patents are subject to the Transitional Program for Covered Business Method Patents, or CBM review, in Secure Axcess, LLC v. PNC Bank National Association . [ 1 ] In…
Written by Neil G. Anderson and Benjamin Anger The Federal Circuit affirmed the PTAB’s final written decision holding that claims from Michael Meiresonne’s patent were obvious in Meiresonne v. Google, Inc., Case No. 16-1755 (Fed. Cir. Mar. 7,…
Written by Scott Forbes and Jeremy Carney The Patent Trial and Appeal Board (“PTAB”) recently held in Ex parte Itagaki and Nishiara (PTAB 2016) that claims reciting a magnetic resonance imaging apparatus are directed to ineligible subject…
