Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
FACEBOOK, INC., V. WINDY CITY INNOVATIONS LLC Before Prost, Plager, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: An IPR petitioner may not join itself to an earlier IPR in which it was already a party, and may not add new…
ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC. Before Lourie, Moore, and Reyna. Appeal from the Northern District of California. Summary: Use of a natural phenomenon in a method of preparation claim found patent eligible under § 101. Illumina, Inc.…
HAFCO FOUNDRY AND MACHINE CO. v. GMS MINE REPAIR Before Newman, Chen, and Stoll. Opinion filed per curiam . Appeal from the Southern District of West Virginia. Summary: Objections to jury instructions should be timely made at trial in order to be preserved…
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…
Communications Test Design, Inc. v. Contec, LLC Before O’Malley, Mayer, and Wallach. Appeal from the Eastern District of Pennsylvania. Summary: Filing a declaratory judgment action in the midst of ongoing licensing negotiations may justify deviation…
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…
CUSTOMEDIA TECHNOLOGIES, LLC V. DISH NETWORK CORPORATION, DISH NETWORK LLC . Before Prost, Dyk, and Moore. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Claims directed towards an abstract idea are…
CASE OF THE WEEK GS CleanTech Corp. v. Adkins Energy LLC , Appeal No. 2016-2231, 2017-1838, 2017-1832 (Fed. Cir. Mar. 2, 2020) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s bench trial judgment that asserted…
GS CLEANTECH CORP. v. ADKINS ENERGY LLC Before, Reyna, Wallach, and Hughes. Appeal from the District Court for the Northern District of Illinois. Summary: Withholding and obscuring evidence of a pre-critical date offer for sale renders a patent…
CASE OF THE WEEK Arctic Cat Inc. v. Bombardier Recreational Products Inc. , Appeal No. 2019-1080 (Fed. Cir. Feb. 19, 2020‎) In this week’s Case of the Week, the Federal Circuit addresses issues relating to the notice requirement of the patent…
Arctic Cat Inc. v. Bombardier Recreational Prods. Inc. Before Lourie, Moore, and Stoll. Appeal from the Southern District of Florida. Summary: To recover pre-complaint damages for infringement after sales of unmarked products have occurs a patentee must…
A Delaware jury has awarded Wasica Finance over $31 million in patent damages against Schrader Int’l. In 2013, Wasica accused Schrader Int’l of infringing a patent entitled “Device for Monitoring and the Air-Pressure in Pneumatic Tires…
