Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Written by : Ashley C. Morales & Michael L. Fuller In ChromaDex, Inc. v Elysium Health, Inc., Appeal No. 2022-1116, the Federal Circuit upheld the invalidity of a claim reciting a supplement comprising nicotinamide riboside (“NR”), a component…
Written by : Jack Hendershott & Jacob R. Rosenbaum SALAZAR V. AT&T MOBILITY LLC Before Stoll , Schall, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Summary : While the indefinite article “a” means…
In late March, we released our fifth annual Patent Intelligence Report, which analyzes the patent prosecution landscape over the past five years, spanning from January 1, 2018, to December 31, 2022. According to our data, there are 30,777 registered patent…
Trademark infringement is a serious legal matter that can result in costly damages, lost revenue, and harm to a company's reputation. If a business is accused of infringing on someone else's trademark, it is crucial to understand the potential…
Written by : Zachary B. Messick & Douglas B. Wentzel ARBUTUS BIOPHARMA CORPORATION v. MODERNATX, INC. Before Reyna , Schall, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : Arbutus’ patent was anticipated by an earlier Arbutus…
Written by : Ari Feinstein & Agnes Juang, Ph.D. On March 29, 2023, the Solicitor General of the United States asked the Supreme Court to review a Federal Circuit judgment in a Hatch-Waxman case between Teva and GSK. In its decision below, the Federal…
CASE OF THE WEEK Ironburg Inventions Ltd. v. Valve Corp. , Appeal Nos. 2021-2296, 2021-2297, 2022-1070 (Fed. Cir. April 3, 2023 ) In this week’s Case of the Week, the Federal Circuit provided new guidance in applying the estoppel provisions of 35…
Written by : Adam G. Copeland Cranial Technologies, Inc. sued Ottobock SE & Co. KGaA and Active Life LLC in the U.S. District Court for the Central District of California on March 29, 2023. The lawsuit alleges that Ottobock’s MyCRO Band and iFab…
Easter eggs have been a beloved part of Easter celebrations for centuries. But did you know that Easter eggs have also been the subject of intellectual property disputes? In this article, we'll take a closer look at the history of Easter eggs and the…
The process of patent prosecution can be complex and time-consuming, requiring a thorough understanding of patent law and USPTO procedures. While it is possible to file a patent application on your own, working with an experienced patent attorney can…
Last week, we published our fifth annual Patent Intelligence Report, which covers the patent prosecution landscape between Jan. 1, 2018, and Dec. 31, 2022. This year we considered attorney interview with the USPTO as an additional measure of…
BERTINI v. APPLE INC. Before Moore , Taranto and Chen. Appeal from the Patent Trial and Appeal Board. Summary : Tacking a mark for one good or service does not grant priority for every other good or service in the trademark application. Apple filed a…
