Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
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…
PETER V. NANTKWEST, INC. Before Sotomayor, Roberts, Ginsburg, Breyer, Alito, Kagan, Gorsuch, and Kavanaugh. Appeal from the Federal Circuit on rehearing en banc. Summary: A patent applicant appealing an adverse decision of the Patent Trial and Appeal Board…
Johnstech International sued JF Microtechnology for infringing its patent related to semiconductor contactors for testing integrated circuits. Both companies compete for sales of semiconductor test contactors. A California jury found that JF…
Western Plastics sued Dubose Strapping for infringing a patent covering a material for wrapping rolls of metal coil. Both parties compete in the metal industry and sell a similar wrap. A North Carolina jury found Dubose willfully infringed Western…
The U.S. Patent and Trademark Office (USPTO) allows for a trademark application to be filed on an “Intent to Use” basis to establish a priority date before the mark is actually “ used in commerce .” However, such use in commerce…
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…
Before Reyna, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. TQ DELTA, LLC v. CISCO SYSTEMS, INC. Summary: Findings of fact at the PTAB must be supported by substantial evidence, and conclusory expert testimony, without supporting…
IN RE: IPR LICENSING, INC., Before O’Malley, Newman, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Establishing a motivation to combine two references for an obviousness determination in an IPR requires evidentiary support, and…
PHARMA TECH SOLUTIONS, INC. v. LIFESCAN, INC. Before Moore, Reyna, and Stoll. Appeal from the United States District Court for the District of Nevada. Summary: Claims for infringement under the doctrine of equivalents will be barred by prosecution history…
In April 2019, outdoor apparel company Patagonia, Inc. sued Anheuser-Busch, LLC in the District Court for the Central District of California. Patagonia brought eight claims against the Anheuser-Busch brand “Patagonia Brewing Co.” The claims…
GAME AND TECH. CO., LTD. v. WARGAMING GROUP LTD. Before Dyk, Plager, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Board, applying Fed. R. Civ. P. 4, must independently determine whether service of a complaint was properly…
KONINKLIJKE KPN N.V. v. GEMALTO M2M GMBH Before Dyk, Chen, and Stoll. Appeal from the District of Delaware. Summary: Claims directed to improving the functionality of one tool that is part of a system do not necessarily need to recite how that tool is…
