Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
ELI LILLY AND COMPANY v. HOSPIRA, INC. Before Lourie , Moore, and Taranto. Appeal from the District Court for the Southern District of Indiana. Summary : A narrowing claim amendment does not necessarily surrender all equivalents of the claim element if the…
On July 8, 2019, NBA player Giannis Antetokounmpo filed suit in the Southern District of New York for trademark infringement and counterfeiting of his GREEK FREAK trademarks in connection with clothing bearing his likeness. Antetokounmpo plays for the…
GENETIC VETERINARY SCIENCES v. LABOKLIN GMBH & CO. KG Before Wallach , Hughes, and Stoll. Appeal from the Eastern District of Virginia. Summary: (1) If a foreign entity is not subject to jurisdiction in any state’s courts of general jurisdiction, but…
AJINOMOTO CO., INC. v. ITC Before Dyk, Moore, and Taranto . Appeal from the ITC. Ajinomoto filed a complaint against CJ America, Inc. with the International Trade Commission (“ITC”), alleging that CJ used several strains of E-coli bacteria to…
ATEN INTERNATIONAL CO., LTD. v. UNICLASS TECHNOLOGY CO., LTD Before Moore , Wallach, and Taranto. Appeal from the United States District Court for the Central District of California. Summary : When a reference is available in the same year as the critical…
ATEN INTERNATIONAL CO., LTD. v. UNICLASS TECHNOLOGY CO., LTD. Before Moore , Wallach, and Taranto. Appeal from the United States District Court for the Central District of California. Summary : A case is not per se exceptional under 35 U.S.C. § 285…
VIRNETX INC. v. APPLE INC. Before Prost , Moore, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Failure to petition for certiorari on the issue of invalidity triggers estoppel of parallel inter partes reexamination proceedings even if…
HYLETE LLC v. HYBRID ATHLETICS, LLC Before Moore , Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board. Summary : Absent exceptional circumstances, an argument raised for the first time on appeal is waived. In October 2013, Hybrid…
CELGENE CORPORATION v. PETER Before Prost , Bryson, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the Fifth Amendment. The Coalition…
SOLUTRAN, INC v. ELAVON, INC. Before Chen , Hughes, and Stoll. Appeal from the United States District Court for the District of Minnesota Summary: Method claims directed to performing conventional steps in a new order may be insufficient to render claims…
A jury determined that Benton Energy Service Co. infringed a patent for improved drilling in offshore oil wells owned by Cajun Services Unlimited. The jury also determined that Benton breached its rental agreement for the patented tool, committed fraud on…
AUTOMOTIVE BODY PARTS ASS'N v. FORD GLOBAL TECHNOLOGIES, LLC Before Hughes, Schall, and Stoll . Appeal from the United States District Court for the Eastern District of Michigan. Summary: Aesthetic appeal is not an invalidating form of functionality…
