Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
The origin of the idea that natural phenomena, like the law of gravity, cannot be patented, even by their discoverer, is well-settled law. In Gottschalk v. Benson, the Supreme Court stated, in dictum: “Phenomena of nature, though just discovered,…
Before Wallach , Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Regulatory guidelines addressing drug product impurities may serve as a market force in motivating a PHOSITA to modify prior art…
Before Moore , Clevenger, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : Claims directed to providing additional trading information on a prior art display, without more, are patent-ineligible under 35 U.S.C. § 101. IBG and…
Before Moore , Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board Summary : Industry skepticism is a question of fact that weighs in favor of non-obviousness and can range on a scale, with the most weight afforded to skepticism that the…
Before Newman , Linn, and Dyk. Appeal from the United States District Court for the District of Oregon. Summary : The Trademark Act’s definition of “use in commerce” as a requirement for obtaining a federal trademark does not limit the…
Before Moore , Mayer, and Linn. Appeal from the Patent and Trial Appeal Board. Summary : A graphical user interface that allows users to place orders for items (such as shares of stock) by moving icons onto displayed item prices is not patent eligible…
Before: O'Malley, Reyna , and Hughes. Appeal from the United States District Court for the District of Delaware. Summary : A parent patent specification of a continuation-in-part child patent constitutes intrinsic evidence for the purpose of claim…
Before Newman , O’Malley, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : Diligence requires “reasonably continuous diligence” and is not negated if the inventor works on improvements and evaluates alternatives while…
Before Prost , Lourie and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary : In evaluating whether a webpage printout is an acceptable specimen of use for a trademark in connection with goods, the USPTO may look for information on the…
Before Prost, Dyk , and Wallach. Appeal from the United States District Court for the Middle District of Florida. Summary : Asserting the district court’s claim construction prevented consideration of additional prior art, without identifying the…
A Florida judge recently entered a permanent injunction against a handful of Florida businesses and their owner, barring them from further infringing a patent covering biometric security for automobiles. The injunction was entered even though the…
Before Prost , Dyk, and Wallach. Appeal from the United States District Court for the Northern District of California. Summary : When the Federal Circuit holds that a combination of references does not teach a particular limitation, that does not foreclose…
