Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
GAME AND TECHNOLOGY CO., LTD. v. ACTIVISION BLIZZARD INC. Before Prost, Lourie, and Wallach . Appeal from the Patent Trial and Appeal Board (PTAB). Summary : A single prior art reference can render a patent obvious if it would have been obvious to modify…
FORUM US, INC. v. FLOW VALVE, LLC Before Reyna , Schall and Hughes. Appeal from the U.S. District Court for the Western District of Oklahoma. Summary : The original patent on which a broadening reissue patent is based must clearly and unequivocally…
HYOSUNG TNS INC. V. ITC Before Dyk , Clevenger, and O’Malley. Appeal from the International Trade Commission. Summary : Past investments can satisfy the ITC’s domestic industry requirement if (1) the investments pertain to products covered by…
Interactions During Preliminary Proceeding Can Doom PTAB Filing Since last summer’s decisions in Applications in Internet Time, LLC v. RPX Corp. , and Worlds Inc. v. Bungie, Inc. , the Patent Trial & Appeal Board (PTAB) has seen RPI/privity disputes…
REGENTS OF THE UNIV. OF MINN. v. LSI CORPORATION Before Dyk , Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary : State sovereign immunity does not apply to IPR proceedings asserted against patents owned by or assigned to states,…
POWER INTEGRATIONS, INC v. SEMICONDUCTOR COMPONENTS Before Prost , Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : An IPR is time-barred under 35 U.S.C. § 315(b) if, at the time of institution, the petitioner is in privity…
SAMSUNG ELECTRONICS CO., LTD. v. ELM 3DS INNOVATIONS, LLC Before Moore , Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : If the technology is complex, a party may be required to provide more evidence of a reasonable expectation of…
CASE OF THE WEEK Lone Star Silicon Innovations LLC v. Nanya Technology Corporation , Appeal No. 2018-1581, -1582 (Fed. Cir. May 30, 2019) In the only precedential patent case this week, the Federal Circuit addressed whether a party who is not a patentee or…
Last year, in a lengthy split decision, a Fed. Cir. panel affirmed the district court’s ruling that four “add-on” patents that Acorda owned were invalid as obviousness in view of a number of prior art references (Acorda Ther., Inc. v.…
BTG INTERNATIONAL LIMITED v. AMNEAL PHARMACEUTICALS LLC Before Wallach , Moore, and Chen. Consolidated appeals from the Patent Trial and Appeal Board and the U.S. District Court for the District of New Jersey. Summary : The PTAB correctly construed the…
NOVARTIS PHAMACEUTICALS CORP V. WEST-WARD PHARMACEUTICALS Before Stoll , Plager, and Clevenger. Appeal from the United States District Court for the District of Delaware. Summary: When a method of using a prior art compound is claimed rather than the…
Recently, the PTO issued a Notice providing guidance on how the Board treats reissue and reexamination proceedings while an AIA trial on the same patent is co-pending. The guidance comes in response to public comments and questions seeking to understand…
