Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
Federal Circuit Summary Before Prost, Reyna , and Wallach. Appeal from the United States District Court for the Eastern District of Arkansas. Summary : Pre-reexamination conduct cannot be a basis for equitable estoppel if the asserted claims were…
Federal Circuit Summary Before Lourie, O’Malley , and Wallach. Appeal from the United States District Court for the Northern District of Texas Summary : When a case is dismissed with prejudice for lack of standing, the defendant is the prevailing…
Federal Circuit Summary Before Moore , Linn, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : A party seeking to swear behind prior art using an inventor’s testimony must proffer corroborating evidence that does not depend solely on…
After Cleveland Clinic, IP practitioners were left to speculate about the fate of claims directed to methods of medical treatment. These claims seemed next in line for extinction by the Mayo/Alice rule, which I will paraphrase: “If a patent claim is…
Federal Circuit Summary Before Moore, Mayer, and Stoll . Appeal from the United States District Court for the District of New Jersey. Summary : Plain claim language will not be narrowed based on a patent’s specification unless the patentee clearly…
Federal Circuit Summary Before Prost, Lourie and Hughes. Appeal from the United States District Court for the District of Delaware. Summary : When another patent for a drug issues after an ANDA is filed, there can still be jurisdiction for an infringement…
Federal Circuit Summary Before Newman, Clevenger, and Wallach . Appeal from the Patent Trial and Appeal Board. Summary : The USPTO has standing to intervene to defend its decision, even when the requestor has withdrawn. Knowles Electronics LLC…
CASE OF THE WEEK Knowles Electronics LLC v. Iancu , Appeal No. 2016-1954 (Fed. Cir. 2018) In an appeal from an inter partes reexamination , the Federal Circuit affirmed a decision by the PTAB invalidating a patent concerning microphones. The case was…
The PTAB ruled that the Saint Regis Mohawk Tribe could not assert sovereign immunity in IPRs of patents that Allergan had assigned to the Tribe relating to Restasis®. Se e The Saint Regis Mohawk Tribe is not entitled to Sovereign Immunity at the PTAB.…
Federal Circuit Summary Before O’Malley , Plager and Taranto. Appeal from the U.S. District Court for the Northern District of California, Judge William H. Alsup. Summary : Historical findings of fact relevant to copyright fair use can be resolved by…
In In re: Power Integrations, Inc. , [2017-1304] (March 19, 2018), the Federal Circuit reversed the decision on remand that claims 1, 17, 18, and 19 of U.S. Patent No. 6,249,876 were anticipated, because the Board relied upon an unreasonably broad claim…
Federal Circuit Summary Before Lourie, Reyna , and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : A prima facie case of obviousness is established where the claimed range abuts a range disclosed in the prior art and there is no evidence…
