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, Dyk and Chen. Appeal from the United States District Court for the Eastern District of Virginia. Summary : A party may not seek a declaratory judgment to obtain piecemeal adjudication of an issue that would not resolve…
Federal Circuit Summary Before Moore , O’Malley, and Wallach. Appeal from the Eastern District of Texas (Judge Gilstrap). Summary : Claims directed to summarizing and presenting information on display interfaces for electronic devices are patent…
Federal Circuit Summary Before Dyk , Schall, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Final written decisions by an administrative tribunal invalidating a patent can have a preclusive effect. MaxLinear filed an IPR petition on…
Federal Circuit Summary Before Newman, Dyk , and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary : The PTAB may enter an adverse judgment against a patent owner where, before issuing an institution decision on an IPR petition, the…
Federal Circuit Summary Before Prost , Renya, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : A patent owner cannot retroactively bring a continuation-in-part patent within the scope of § 121 during reexamination by removing the…
WiFi One Opens the Door to Reconsideration of Well-Established PTAB Precedent The Federal Circuit’s softening of the appeal bar (35 U.S.C. § 314(d)) in WiFi One will now allow the Court to consider matters unrelated to the merits of an…
Under U.S. law, inventors own patent rights to their inventions unless and until they transfer such rights to another. Earlier this month, the Federal Circuit issued a decision in Advanced Video Technologies v. HTC Corp. in which a co-inventor refused to…
In Exmark Manu facturing Company Inc. v. Briggs & Stratton Power Products Group, LLC. [2016-2197] (January 12, 2018), the Federal Circuit vacated summary judgment that claim 1 of U.S. Patent No. 5,987,863 is not anticipated or obvious; affirmed summary…
Federal Circuit Summary Before Wallach, Chen, and Stoll . Appeal from the United States District Court for the District of Nebraska. Summary : Reexaminations of patents confirming validity are not dispositive of validity in district court. Furthermore, in…
Although non-precedential, Aptalis Pharmatech, Inc. v. Apotex, Inc., Appeal No. 2017-1344 (Fed. Cir., January 4, 2018) provides a useful outline of Phillips-type claim construction and requires a close reading to see why the infringement finding by the…
Federal Circuit Summary Before Newman, O’Malley, and Reyna . Appeal from the United States District Court for the Southern District of New York. Summary : A co-inventor did not transfer ownership interests in a patent under a California employment…
Federal Circuit Summary Before Dyk , Linn, and Hughes. Appeal from the Northern District of California. Summary : Claims directed to behavior-based virus scanning, as opposed to the traditional code-matching method, constituted a patent-eligible…
