Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
On May 9th, the USPTO released a short “ Notice of proposed rulemaking ” entitled “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board.” In brief the…
Federal Circuit Summary Before Moore, Hughes, and Stoll . Appeal from the United States District Court for the District of North Dakota. Summary : A district court must articulate a reasonable basis for denying attorneys’ fees under § 285 if it…
Federal Circuit Summary Before Newman, Mayer, and Lourie . Appeal from the Patent Trial and Appeal Board. Summary : An application is unpatentable under pre-AIA 35 U.S.C. § 102(f) when the application does not name the correct inventors. After…
Federal Circuit Summary Before Reyna , Wallach, and Stoll. Appeal from the United States District Court for the Middle District of Georgia. Summary : A complaint that attaches the asserted patents, specifically identifies the accused products by name and…
Federal Circuit Summary Before Dyk, Bryson, and Taranto . Appeal from the United States District Court for the Eastern District of Texas. Summary : A plaintiff has no 7th Amendment right to a jury trial for a claim for disgorgement of profits for trade…
On April 25th, a Fed. Cir. panel of Judges Taranto, Clevenger and Chen affirmed the unenforceability of two Merck patents covering a drug presently marketed as Sovaldi(r) to treat hepatitis C, sofosbuvir. Gilead Sciences, Inc. v. Merck & Co., Appeal Nos.…
Federal Circuit Summary Before Newman, Mayer , and Stoll. Appeal from the U.S. District Court for the Northern District of Ohio. Summary : While there is not a “practicing the prior art” defense to literal infringement, a litigant is not…
On March 22, 2018, a Texas federal court awarded patent infringement damages totaling over $8 million and ongoing royalties in a case involving multiple patents related to voice over IP technology. The damages award is based on a jury trial that was…
Federal Circuit Summary Before Dyk, Bryson , and Reyna. Appeal from PTAB, remanded from the Federal Circuit, en banc. Summary : Time-bar does not apply to IPR petitioner through privity with a district court defendant because the evidence did not show (1)…
Federal Circuit Summary Before Reyna, Taranto , and Hughes. Appeal from the United States District Court for the Central District of California Summary : An individual claiming sole inventorship of a patent has standing under 35 U.S.C. § 256 to…
Federal Circuit Summary Before Newman, Lourie , and Reyna. Appeal from the United States District Court for the Northern District of Florida. Summary : Collateral estoppel does not apply to a prior decision of no invalidity under § 101, where the…
Federal Circuit Summary Before Dyk, O’Malley , and Wallach. Appeal from the PTAB. Summary : A priority claim must be explicitly stated in the patent and cannot be incorporated by reference from an earlier patent. E*Trade petitioned for IPR of…
