Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
On April 10, personal protective equipment (“PPE”) manufacturer 3M filed suit against Performance Supply LLC for trademark infringement, deceptive practices, and false advertising. 1. In its complaint, 3M alleges that Performance Supply offered…
About 40 years ago, marketing strategists Al Ries and Jack Trout offered the world a way to think about making a brand memorable. The best way to be remembered is to be first into your prospect’s mind representing a clear perception. 1. We often see…
IN RE: CHRISTOPHER JOHN RUDY Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Patent and Trademark Office’s October 2019 Revised Patent Subject Matter Eligibility Guidance cannot be used to modify…
ARGENTUM PHARM. LLC v. NOVARTIS PHARM. CORP. Before Lourie, Moore, and Reyna. Appeal from the U.S. Patent and Trademark Office, Patent Trial and Appeal Board. Summary: A party lacks standing to appeal an adverse IPR decision if it cannot show an injury…
HOLOGIC, INC. v. MINERVA SURGICAL, INC. Before Wallach, Clevenger, and Stoll. Appeals from the United States District Court District of Delaware. Summary: The doctrine of assignor estoppel precludes an assignor from challenging the validity of a patent in…
In October 2019, professional photographer Michele Eve Sandberg filed a complaint against musical trio Jonas Brothers (both as an entity and as individuals) for unauthorized use of photos Sandberg snapped of the band during their “Happiness…
BIOGEN INTERNATIONAL GMBH v. BANNER LIFE SCIENCES LLC Before Lourie, Moore, and Chen. Appeal from the U.S. District Court for the District of Delaware Summary: If a claimed product is not the active ingredient of an FDA-approved product, or an ester or…
SPIGEN KOREA CO., LTD. v. ULTRAPROOF, INC. Before Newman, Lourie, and Reyna. Appeal from the Central District of California. Summary: Summary judgment of obviousness is improper for a design patent if there is a genuine dispute as to whether a prior art…
CARDIONET, LLC v. INFOBIONIC, INC Before Dyk, Plager, and Stoll. Dyk dissenting in part. Appeal from the District of Massachusetts. Summary: Alice step one is a threshold inquiry that can be resolved by analyzing the intrinsic record without considering…
STRATUS NETWORKS, INC. v. UBTA-UBET COMMUNICATIONS INC. Before Moore, Lourie, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: The absence of explicit findings on particular DuPont factors used by the Board to assess whether there is a…
ERICSSON INC. v. TCL COMMUNICATION TECHNOLOGY Before Prost, Newman, and Chen. Appeal from the Eastern District of Texas. Summary: The issue of patent eligibility under § 101 may be preserved for appeal even if not raised for decision or mentioned in…
GOLDEN v. U.S. Before O’Malley, Mayer, and Wallach. Appeal from the United States Court of Federal Claims. Summary: (1) Patent infringement claims against the government must be brought under 28 U.S. § 1498, not as a Fifth Amendment taking…
