Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ipr · clear
CASE OF THE WEEK In re: Xencor, Inc. , Appeal No. 2024-1870 (Fed. Cir. Mar. 13, 2025) Our case of the week is an appeal from a decision of the Appeals Review Panel of the Patent Trial and Appeal Board, concerning Xencor’s patent application titled…
On February 28, 2025, the United States Patent and Trademark Office (USPTO) rescinded the June 21, 2022, memorandum titled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation.”…
CASE OF THE WEEK Kroy IP Holdings, LLC v. Groupon Inc. , Appeal No. 2023-1359 (Fed. Cir. Feb. 10, 2025)‎ After an inter partes review finds certain claims of a patent unpatentable, may the patentee assert other claims, immaterially different, in…
Written by : Douglas B. Wentzel HD SILICON SOLUTIONS LLC v. MICROCHIP TECHNOLOGY INC. Before: Lourie , Stoll, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary : A patent’s specification established a naming convention that…
CASE OF THE WEEK Trudell Medical International Inc. v. D R Burton Healthcare, LLC , Appeal Nos. 2023-1777, -1779 (Fed. Cir. Feb. 7, 2025) This week’s Case of the Week presents a cautionary tale for litigators to be sure they’ve timely complied…
CASE OF THE WEEK Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc. , Appeal Nos. 2024-1965, -1966, -2082, -2083 (Fed. Cir. Jan. 29, 2025) Our Case of the Week is a 31-page decision that touches on a variety of issues, including personal…
Written by : Kenneth O. Aruda, Ph.D. & J ason J. Jardine In the ongoing case of Carefirst of Maryland Inc. v. Johnson & Johnson [1] , the plaintiffs successfully overcame a motion to dismiss. At the heart of the case is J&J’s legal strategy against…
CASE OF THE WEEK Telefonaktiebolaget LM Ericsson, Ericsson AB, Ericsson, Inc. v. Lenovo (United States), Inc. et. al. , Appeal No. 2024-1515 (Fed. Cir. Oct. 24, 2024) In our Case of the Week, the Federal Circuit clarified that, for an issue in a domestic…
CASE OF THE WEEK AlexSam, Inc. v. Aetna, Inc. , Appeal No. 2022-2036 (Fed. Cir. Oct. 8, 2024) In the Court’s only precedential patent opinion last week, a panel of the Federal Circuit granted appellant AlexSam a second chance to hold health-care…
CASE OF THE WEEK Crocs, Inc. v. Double Diamond Distribution, Ltd. , Appeal No. 2022-2160 (Fed. Cir. Oct. 3, 2024) In our Case of the Week, the Federal Circuit examined whether a district court erred in dismissing false advertising claims against Crocs Inc.…
CASE OF THE WEEK EcoFactor, Inc. v. Google LLC , Appeal No. 2023-1101 (Fed. Cir. Sept. 25, 2024) The Federal Circuit’s only precedential opinion this week was a rare order that granted en banc review of a prior panel decision. Here, the Court agreed…
CASE OF THE WEEK Vascular Solutions LLC v. Medtronic, Inc. , Appeal No. 24-1398 (Fed. Cir. Sept. 16, 2024) In our Case of the Week, the Federal Circuit evaluated certain heavily litigated claims directed to guide catheters. The patents all claimed a…
