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 Curver Luxembourg, SARL v. Home Expressions Inc. , Appeal No. 2018-2214 (Fed. Cir. Sept. 12, 2019) In a significant case in the field of design patents, the Federal Circuit clarified the scope of design patent infringement and held that a…
CURVER LUXEMBOURG, SARL v. HOME EXPRESSIONS INC. Before Chen , Hughes, and Stoll. Appeal from the United States District Court for the District of New Jersey. Summary : Claim language specifying the article of manufacture can limit the scope of a design…
INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL CORP. Before Prost, Bryson , and Reyna. Appeal from the United States District Court for the District of Maryland. Summary: The Federal Circuit applied collateral estoppel and thus avoided deciding…
Written by : Mark Kachner A Chicago jury previously awarded Kolcraft Enterprises more than $3 million in damages based on Artsana’s infringement of U.S. Patent No. 7,376,993, related to infant play equipment. Because the jury awarded Kolcraft almost…
CASE OF THE WEEK Board of Regents of the University of Texas Sys. v. Boston Scientific Corp. , Appeal No. 2018-1700 (Fed. Cir. Sept. 5, 2019) This week’s case of the week involves issues relating to venue and state sovereignty. Specifically, the…
BOARD OF REGENTS v. BOSTON SCIENTIFIC CORP. Before Prost, Reyna, and Stoll . Appeal from the United States District Court for the Western District of Texas. Summary : The patent venue statute governs actions filed by a State as State sovereignty does not…
CASE OF THE WEEK BioDelivery Sciences Int’l, Inc. v. Aquestive Therapeutics, Inc. , Appeal Nos. 2019-1643, -1644, -1645 (Fed. Cir. Aug. 29, 2019) Our case of the week this week focuses on Section 314(d)—the “no appeal” provision of…
ALLERGAN SALES, LLC v. SANDOZ, INC. Before Prost, Newman, and Wallach . Appeal from the United States District Court for the District of New Jersey. Summary : A “wherein” clause can be limiting if it is material to patentability. Allergan…
BIODELIVERY SCIENCES INTL. v. AQUESTIVE THERAPEUTICS, INC. Before Newman, Lourie, and Reyna . Appeal from the Patent Trial and Appeal Board (PTAB). Summary : The PTAB has the discretion to not institute inter partes review even if there is a showing of…
Bayer sued Baxalta for infringing U.S. Patent No. 9,364,520. This patent covers a protein necessary for blood clotting that is used in Baxalta’s hemophilia A medication – Adynovate. Earlier this year, a jury found Baxalta liable and awarded…
GUANGDONG ALISON HI-TECH CO. V. ITC Before Wallach, Hughes, and Stoll . Appeal from United States International Trade Commission. Summary : A term of degree is not indefinite so long as the written description provides objective boundaries. Aspen Aerogels,…
CASE OF THE WEEK Arthrex, Inc. v. Smith & Nephew, Inc. , Appeal No. 2018-1584 (Fed. Cir. Aug. 21, 2019) In this week’s Case of the Week, the Federal Circuit affirmed an inter partes review decision of the Patent Trial and Appeal Board, finding the…
