Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
Federal Circuit Summary Before Judges Dyk , O’Malley, and Hughes. Appeal from the United States International Trade Commission. Summary : Registered trade dress carries a presumption of secondary meaning only prospectively from the date of…
In the recent decision of Data Engine Technologies LLC v. Google LLC, the Federal Circuit may have expanded how factual questions underpin subject matter eligibility analysis under Section 101. Since the two-part eligibility analysis was established by…
The quote is from “Treasure of the Sierra Madre” when a bandido leader is trying to convince Bogart that his gang are Federales, and Bogie asks to see their badges. In the context of Yeda Res. and Dev. v. Mylan, Appeal no. 2017-1594 et al.…
Federal Circuit Summary Before Judges Reyna , Bryson, and Stoll. Appeals from the Patent Trial and Appeal Board and the United States District Court for the District of Delaware. Summary: Non-prior art evidence may be considered when evaluating the…
UCB v. Accord, Appeal no. 2016-2610 et al. (Fed. Cir., May 23, 2018) may be headed to the Supreme Court, which prompted me to take another look at this opinion. This was a decision in Hatch-Waxman litigation, in which a split Fed. Cir. panel affirmed the…
Federal Circuit Summary Before O’Malley, Reyna, and Hughes. Appeal from the District Court for the Northern District of California. Summary: Testing for the presence of a bacterium that causes tuberculosis and the primers used in that testing were…
Federal Circuit Summary Before Judges Reyna, Bryson, and Stoll . Appeal from the United States District Court for the District of Delaware. Summary : A claim that recites a specific method for navigating through three-dimensional electronic spreadsheets is…
Federal Circuit Summary Before Wallach , Linn, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary : To determine whether a mark is generic, the TTAB must first properly identify the genus of the goods at issue. The genus must be based on…
Federal Circuit Summary Before Prost , Moore, and Reyna. Appeal from the Patent Trial and Appeal Board Summary : Removing the priority claim of one application in a chain can affect the ability of pending and subsequently filed applications to claim…
Federal Circuit Summary Before Wallach, Linn and Hughes. Appeal from the United States District Court for the Southern District of New York. Summary : In determining whether to award sanctions under 28 U.S.C. § 1927, the domain of colorable claims is…
Federal Circuit Summary Before Prost , Bryson, and O’Malley. Appeal from the United States District Court for the Western District of Wisconsin. Summary : (1) To uphold a jury verdict of infringement, evidence must support an inference that claim…
Federal Circuit Summary Before Lourie, Clevenger, and Stoll . Appeal from the Patent Trial and Appeal Board. Summary : 35 U.S.C. § 315(b), which prohibits the Board from instituting an IPR based on a petition filed more than one year after the date on…
