Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
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…
CASE OF THE WEEK In re: Global IP Holdings LLC , Appeal No. 2018-1426 (Fed. Cir. July 5, 2019) The Federal Circuit vacated and remanded a decision of the Patent Trial and Appeal Board (“PTAB”) upholding an examiner’s rejection of reissue…
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…
CASE OF THE WEEK Elbit Systems Land and C4I Ltd. v. Hughes Network Systems, LLC , Appeal No. 2018-1910 (Fed. Cir. June 25, 2019) In this appeal from the United States District Court for the Eastern District of Texas, the Federal Circuit affirmed the…
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…
UCB, INC. v. WATSON LABORATORIES INC. Before Taranto, Schall, and Chen . Appeal from the United States District Court for the District of Delaware. Summary : Application of the doctrine of equivalents may not be barred by: (1) prosecution history estoppel…
