Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
SAMSUNG ELECTRONICS CO., LTD. v. INFOBRIDGE PTE. LTD. Before Newman, Schall, and O’Malley . Appeal from the Patent Trial and Appeal Board. Summary : A reference must be publicly accessible, not actually accessed, before the critical date to qualify…
On July 14, 2019, the USPTO published a second update to the AIA Trial Practice Guide with additional guidance about trial practice before the Board. This latest update, while lengthy, does not introduce many significant changes from established practice,…
QUAKE v. LO Before Reyna, Chen , and Hughes. Appeal from the Patent Trial and Appeal Board (“PTAB”). Summary : A claimed method must be expressly described as a whole in order to satisfy the written description requirement. Dr. Quake and Dr. Lo…
CISCO SYSTEMS, INC. v. TQ DELTA, LLC Before Newman, Linn, and Wallach . Appeal from Patent Trial and Appeal Board. Summary: It is improper to read limitations from a preferred embodiment described in the specification into claims without any clear…
GENERAL ELECTRIC CO. V. UNITED TECHNOLOGIES CORP. Before Reyna , Taranto, and Hughes. Appeal from the Patent and Trial Appeal Board. Summary : A petitioner who loses an IPR must proffer specific evidence of competitive injury or economic loss to establish…
TQ Delta LLC v. Dish Network LLC Before: Newman, Linn, and Wallach . Appeal from the Patent Trial and Appeal Board. Summary : The rights of parties in an IPR are not violated when the PTAB provides adequate notice of the PTAB’s understanding of the…
WESTECH AEROSOL CORPORATION v. 3M COMPANY Before Lourie, Mayer, and Reyna . Appeal from the United States District Court for the Western District of Washington. Summary : To establish proper venue, a plaintiff must allege specific facts showing that the…
ENZO LIFE SCIENCES, INC. v. ROCHE MOLECULAR SYSTEMS, INC. Before Prost , Reyna, and Wallach. Appeal from the United States District Court for the District of Delaware. Summary : Broad patent claims were invalid as not enabled because the relevant art was…
IN RE: GLOBAL IP HOLDINGS LLC Before Moore, Reyna, and Stoll . Appeal from the Patent Trial and Appeal Board. Summary : Written description support for a claimed genus depends on the criticality or importance of the expressly disclosed species and the…
On June 11, 2019, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) instituted inter partes review (IPR) of U.S. Patent No. 6,306,141 , assigned to Medtronic Vascular, Inc. The Decision instituted the IPR based on two obviousness…
ELBIT SYSTEMS LAND AND C4I LTD. v. HUGHES NETWORK SYSTEMS, LLC Before Taranto , Mayer, and Chen. Appeal from the United States District Court for the Eastern District of Texas. Summary: Neither 28 U.S.C. § 1295 nor 28 U.S.C. § 1292(c)(2) provide…
CELLSPIN SOFT, INC. V. FITBIT, INC. ET AL. Before Lourie, O’Malley , and Taranto. Appeal from the United States District Court for the Northern District of California. Summary : While not all factual allegations that are wholly divorced from the…
