Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
Infinity Computer Products v. Oki Data Americas, Inc. Before Prost, Clevenger, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: Contradictory positions taken during prosecution and reexamination regarding the scope of…
CHUDIK V. HIRSHFELD Before Taranto, Bryson, and Hughes. Appeal from the United State District Court for the Eastern District of Virginia Summary: An examiner’s self-reversal may not qualify as “reversing an adverse determination.” In…
CXLOYALTY, INC. v. MARITZ HOLDINGS INC. Before Prost, Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A claim implementing an abstract idea using conventional techniques is patent ineligible. CxLoyalty petitioned for covered…
On November 30, 2020, New York Governor Andrew Cuomo signed into law New York Senate Bill S5959D , an amendment to New York’s right of publicity law to provide the 40 year post-mortem right of estates of deceased celebrities and performers to protect…
QUIKTRIP WEST, INC. V. WEIGEL STORES, INC. Before Lourie, O’Malley, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: When comparing marks under the Dupont factors, the Board may give less weight to shared terms that are highly…
SIMO HOLDINGS INC. v. HONG KONG UCLOUDLINK NETWORK Before O’Malley, Wallach, and Taranto. Appeal from the United States District Court for the Southern District of New York. Summary: A claim construction that excludes an embodiment disclosed in the…
ABS GLOBAL, INC. V. CYTONOME/ST, LLC Before Prost, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A patent owner may moot a petitioner’s appeal of an IPR final written decision of no unpatentability by declining to appeal a…
SIONYX LLC v. HAMAMATSU PHOTONICS K.K. Before Lourie, Reyna, and Wallach. Appeal from the U.S. District Court for the District of Massachusetts. Summary: A party who discloses confidential information pursuant to a NDA may be entitled to ownership of U.S.…
On October 27, 2020, the District Court in the Western District of Texas issued its Final Judgment in L’Oreal USA Creative, Inc. v. Drunk Elephant, LLC, 1:18-cv-00982 (W.D.Tex.), which approved the Joint Stipulation of Dismissal in view of the…
VIDSTREAM LLC V. TWITTER, INC. Before Newman, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Evidence of a prior art reference’s publication date submitted after an IPR petition may be appropriately considered by…
When they launched “Call Her Daddy” in 2018, Sofia Franklyn and Alexandra Cooper were relatively unknown. They were two New York City friends candidly dishing about dating and sex without any euphemisms on the internet. (1) Barstool Sports saw…
VECTURA LIMITED v. GLAXOSMITHKLINE LLC Before Prost, Bryson, and Wallach. Appeal from the United States District Court for the District of Delaware Summary: Distinguishing prior art based on the structure of the particles, not the process used to…
