Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged medical devices · clear
On June 3, 2021, Conformis continued its patent enforcement efforts involving patient-specific technologies by filing suit against Bodyhub and Exactech in the Middle District of Florida. In a first complaint, filed against Exactech, Conformis accused…
BIO-RAD LABORATORIES, INC. v. ITC Before Newman, Lourie, and Dyk. Appeal from the ITC. Summary: Patentees cannot escape the bounds of their claims by promoting oversimplified characterizations of those claims. Bio-Rad brought an ITC action against 10X…
DEPUY SYNTHES PRODUCTS, INC. v. VETERINARY ORTHOPEDIC IMPLANT, INC. Before Prost, Clevenger, and Dyk. Appeal from the Middle District of Florida. Summary: Internal efforts to maintain confidentiality are not enough to establish a confidential relationship…
CANFIELD SCIENTIFIC, INC. v. MELANOSCAN, LLC Before Newman, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s refusal to consider presented arguments and evidence can be a misapplication of the law of obviousness.…
VECTURA LIMITED v. GLAXOSMITHKLINE LLC Before Prost, Bryson, and Wallach. Appeal from the United States District Court for the District of Delaware Summary: Distinguishing prior art based on the structure of the particles, not the process used to…
C R BARD INC. v. ANGIODYNAMICS, INC. Before Reyna, Schall, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Claims that recited printed matter but arguably included an inventive concept beyond the printed…
BIO-RAD LABORATORIES, INC. v. 10X GENOMICS INC. Before Newman, O’Malley, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: Where elements of preamble are limiting, indivisible terms in the remainder of…
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…
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…
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…
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…
MYCO INDUSTRIES, INC. v. BLEPHEX, LLC Before Newman, O’Malley, and Taranto. Appeal from the U.S. District Court for the Eastern District of Michigan Summary: Enjoining a patentee from making statements about potential patent infringement requires a…
