Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged claim construction · clear
SHOES BY FIREBUG LLC v. STRIDE RITE CHILDREN'S GROUP Before Lourie, Moore, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: In similar claims of two related patents, one preamble was limiting because it supplied antecedent…
MCRO, INC. v. BANDAI NAMCO GAMES AMERICA Before Reyna, Mayer and Taranto. Appeal from the United States District Court for the Central District of California. Summary: The scope of a claim term may be limited when intrinsic evidence establishes the context…
COCHLEAR BONE ANCHORED SOLUTIONS AB V. OTICON MED. AB Before Taranto, O’Malley, and Newman. Appeal from the Patent Trial and Appeal Board. Summary: Anticipation and obviousness analysis by the PTAB is not impossible when some but not all claimed…
KAKEN PHARMCEUTICAL CO., LTD., BAUSCH HEALTH COMPLAINTS INC., V. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADE MARK OFFICE Judges: Newman, O’Malley, and Taranto. Appeal from the…
PERSONALIZED MEDIA COMMUNICATION, LLC v. APPLE INC Before Reyna, Taranto and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Prosecution history evidence need not rise to the level of disclaimer to inform the meaning of disputed claim…
Amgen, Inc. v. Amneal Pharmas. LLC et al Before Newman, Lourie, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: An examiner amendment may give rise to prosecution history estoppel, even when the examiner suggests the…
TECHTRONIC INDUSTRIES CO. LTD. v. ITC Before Lourie, Dyk, and Wallach. Appeal from the U.S. International Trade Commission. Summary: Consistent description in the specification of a particular embodiment as the inventive aspect solving a problem in the…
PLASTIC OMNIUM ADVANCED INNOVATION AND RESEARCH V. DONGHEE AMERICA, INC. Before Reyna, Newman, and Clevenger. Appeal from the U.S. District Court for the District of Delaware. Summary: The patentee’s lexicography of “parison” excluded the…
HZNP Medicines LLC, Horizon Pharma USA, Inc. v. Actavis Laboratories UT, Inc. Before Prost, Newman, and Reyna . Appeal from the District Court for the District of New Jersey. Summary : Claims using “consisting essentially of” to define an…
SIPCO, LLC v. EMERSON ELECTRIC CO. Before O’Malley, Reyna, and Chen . Appeal from the Patent Trial and Appeal Board. Reyna concurring-in-part and dissenting-in-part Summary : The language “unobvious over the prior art” in the…
ALLERGAN SALES, LLC v. SANDOZ, INC. Before Prost, Newman, and Wallach . Appeal from the United States District Court for the District of New Jersey. Summary : A “wherein” clause can be limiting if it is material to patentability. Allergan…
MTD PRODUCTS INC. V. IANCU Before Reyna, Taranto, and Stoll . Appeal from the PTAB. Toro petitioned for IPR of an MTD Products patent relating to lawnmowers. MTD argued the term “mechanical control assembly” was a means-plus-function term. The…
