Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
BIOGEN MA INC. v. EMD SERONO, INC. Before Newman, Linn, and Hughes. Appeal from the District Court of the District of New Jersey. Summary: A known method of administering a known product made by a new process is not novel. Biogen sued Serono and other…
NETWORK-1 TECHNOLOGIES, INC. v. HEWLETT-PACKARD COMPANY, HEWLETT PACKARD ENTERPRISE COMPANY Before Prost, Newman, and Bryson. Appeal from the United States District Court for the Eastern District of Texas. Summary: A party joined to an IPR under 35 U.S.C.…
FACEBOOK, INC., V. WINDY CITY INNOVATIONS LLC Before Prost, Plager, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary : The Federal Circuit has jurisdiction to review challenges to the Board's joinder decision in an instituted…
NEVILLE v. FOUNDATION CONSTRUCTORS, INC. Before Lourie, O’Malley, and Chen. Appeal from the United States District Court for the Central District of California. Summary: The Federal Circuit affirmed a construction of “end plate” that…
PHYTELLIGENCE, INC. v. WASHINGTON STATE UNIVERSITY Before Prost, Reyna, and Stoll. Appeal from the United States District Court for the Western District of Washington. Summary: Under Washington law, a contract must be definite enough for a court to enforce…
BAXALTA INC. V. GENENTECH, INC. Before Moore, Plager, and Wallach. Appeal from the District of Delaware Summary: A district court erred by interpreting a specification’s description of an “antibody” as a definition, when that description…
BAXALTA INC. V. GENENTECH, INC. Before Moore, Plager, and Wallach. Appeal from the District of Delaware Summary: A district court erred by interpreting a specification’s description of an “antibody” as a definition, when that description…
E GE NERA, INC. v. CISCO SYSTEMS, INC. Before Prost, Stoll, and Reyna. Appeal from the United States District Court for the District of Massachusetts. Summary: A patentee that successfully petitioned to correct a patent’s inventorship by removing a…
CASE OF THE WEEK Baxalta Inc. v. Genentech, Inc. , Appeal No. 2019-1527 (Fed. Cir. Aug. 27, 2020) In this week’s Case of the Week, an appeal from the United States District Court for the District of Delaware, the Federal Circuit deals with issues…
CHRISTY, INC. v. UNITED STATES Before LOURIE, REYNA, and HUGHES. Appeal from the Court of Federal Claims. Summary: The government’s refusal to refund patent issue and maintenance fees after patent claims are canceled during inter partes review does…
RICHARD SOWINSKI v. CALIFORNIA AIR RESOURCES BOARD Before Newman, Lourie, and Schall. Appeal from the District Court for the Northern District of California. Summary: Res judicata may bar subsequent claims regarding conduct substantially similar to conduct…
SECURITY PEOPLE, INC. v. IANCU Before Lourie, Wallach, and Hughes. Appeal from the United States District Court for the Northern District of California Summary: Congress foreclosed the possibility of Administrative Procedure Act (APA) review of an Inter…
