Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
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…
CASE OF THE WEEK Celgene Corporation v. Laura A. Peter , Appeal Nos. 2018-1167, -1168, -1169, -1171 (Fed. Cir. July 30, 2019) In this week’s Case of the Week, the Federal Circuit held that the retroactive application of inter partes review…
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…
CASE OF THE WEEK Automotive Body Parts Ass’n. v. Ford Global Techs., LLC , Appeal No. 2018-1613 (Fed. Cir. July 23, 2019) Our case of the week is a design patent case. It concerns two primary issues—what types of functionality can render a…
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…
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…
CASE OF THE WEEK General Electric Co. v. United Techs. Corp. , Appeal No. 2017-2497 (Fed. Cir. July 10, 2019) The Case of the Week focuses on standing to bring an appeal of an adverse decision by the PTAB in an IPR. The Federal Circuit held that GE did not…
