Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
CASE OF THE WEEK In re: Google LLC , Appeal No. 2019-126 (Fed. Cir. Feb. 13, 2020) In this week’s Case of the Week, the Federal Circuit granted mandamus to dismiss or transfer a patent infringement suit for improper venue. At issue was whether the…
CASE OF THE WEEK Samsung Electronics America, Inc. v. Prisua Engineering Corp. , Appeal No. 2019-1169, -1260 (Fed. Cir. Feb. 4, 2020) Our case of the week concerns issues particular to inter partes review proceedings and, specifically, how seemingly…
Written by : Eric Malmgren & Hans L. Mayer APPLE INC. v. ANDREA ELECTRONICS CORPORATION Before Dyk, Plager, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: An IPR petitioner relying on a prior-art algorithm is not required to discuss all…
CHEETAH OMNI LLC v. AT&T SERVICES, INC. Before Lourie, Bryson, and Chen. Appeal from the United States District Court for the Northern District of Texas. Summary: The express license of a patent includes an implied license for its continuations, including…
HVLPO2, LLC v. OXYGEN FROG, LLC Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida. Summary: It is an abuse of discretion to permit a witness to testify as an expert on issues of…
CASE OF THE WEEK Koninklijke Philips N.V. v. Google LLC, et al. , Appeal No. 2019-1177 (Fed. Cir. Jan. 30, 2020) In the Federal Circuit’s only precedential decision this week, the Court affirmed a PTAB finding that claims of a patent directed to…
KONINKLIJKE PHILIPS N.V. v. GOOGLE LLC Before Prost, Newman, and Moore. Appeal from Patent Trial and Appeal Board. Summary: The Board can institute IPR only on grounds raised in a petition. Additionally, the Board can rely on general knowledge of a skilled…
USAA filed multiple patent infringement lawsuits against Wells Fargo, alleging widespread infringement of USAA’s patented technologies on remote check deposits for mobile banking systems. Last November, a jury in a first case found that Wells Fargo…
CASE OF THE WEEK Eko Brands, LLC v. Adrian Rivera Maynez Enterprises, Inc. , Appeal Nos. 2018-2215, et al. (Fed. Cir. Jan. 13, 2020) In this appeal from the Western District of Washington, the Federal Circuit addresses issues relating to claim…
EKO BRANDS, LLC V. ADRIAN RIVERA MAYNEZ ENTERPRISES, INC. ET. AL . Before Dyk, Reyna, and Hughes. Reyna dissenting in part. Appeal from the Western District of Washington Summary: A litigation position that survives summary judgment does not conclusively…
CASE OF THE WEEK Amgen Inc. v. Amneal Pharmaceuticals LLC, et al. , Appeal Nos. 2018-2414, et al. (Fed. Cir. Jan. 7, 2020) In this appeal from Markman and summary judgment opinions by the district court in a Hatch-Waxman case, the district court clarified…
MOLON MOTOR AND COIL CORP. v. NIDEC MOTOR CORPORATION Before Lourie, Reyna, and Hughes. Appeal from U.S. District Court for the Northern District of Illinois. Summary: In interpreting an integration clause that nullifies all prior agreements on the same…
