Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
Traditionally, it has been fairly uncommon to see new legislation in intellectual property (IP) law, compared to other areas of law. Instead, courts have generally been the avenue through which changes in IP law have been brought about and, for some, the…
Before O’Malley, Moore, and Chen. Appeal from the Patent Trial and Appeal Board. VIRNETX INC. v. CISCO SYSTEMS, INC. (Denying Panel Rehearing) VIRNETX INC. v. CISCO SYSTEMS, INC. (Denying Rehearing En Banc) Summary: When administrative patent judges…
SCHWENDIMANN V. ARKWRIGHT ADVANCED COATING, INC . Before Wallach, Reyna, and O’Malley. Appeal from the United States District Court for the District of Minnesota. Summary: Exclusionary rights in a patent are a prerequisite to obtaining relief for…
EAGLE PHARMACEUTICALS INC. V. SLAYBACK PHARMA LLC. Before O’Malley, Reyna, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: The disclosure-dedication doctrine precludes infringement under doctrine of…
CATERPILLAR PAVING PRODUCTS v. WIRTGEN AMERICA, INC. Before Lourie, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Remand of an IPR based on Arthrex is not justified where the final written decision issued after the decision in…
Written by : Aaron S. Johnson & Adam Powell CIENA CORPORATION v. OYSTER OPTICS, LLC Before Moore, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Affirmatively petitioning for IPR waives the petitioner’s…
Written by : Brok S. Humbert & Adam Powell UBER TECHNOLOGIES, INC. v. X ONE, INC. Before Prost, Dyk, and Wallach. Appeal from the U.S. Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Because a mapping technique must be performed on…
Written by : Tom Cowan Shutdown orders due to the COVID-19 virus pandemic have created economic disruption, causing companies to scale back on intellectual property (IP) expense. This creates an opportunity to move ahead of the competition. This is…
Written by : Jeremiah S. Helm, Ph.D. & Mark Kachner GRIT ENERGY SOLUTIONS, LLC v. OREN TECHNOLOGIES, LLC Before Prost, Newman, Wallach. On appeal from The Patent Trial and Appeal Board. Summary: IPR petitioner has standing to appeal an adverse Board…
UNILOC USA, INC. v. LG ELECTRONICS USA, INC. Before Moore, Reyna, and Taranto. On appeal from the District Court for the Northern District of California. Summary: A claim is not abstract where it is directed to an improved communication system that changes…
Written by : Andrew Morrell, Ph.D. & Mark Kachner HITKANSUT LLC V. UNITED STATES Before Prost, Clevenger, and Moore. Appeal from the Court of Federal Claims. Summary: Fee-shifting under 28 U.S.C. § 1498(a), turns on whether “the position of the…
In the realm of software development, the Open-Source movement emphasizes a decentralized development model predicated on making source code freely available for peer-to-peer collaboration and academic study. When copyright holders of open source software…
