Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
Summary : The General Plastic factors used to determine whether the PTAB will exercise its discretion to deny a follow-on IPR petition can weigh against institution even if the follow-on petition is filed by a different party. The PTAB recently designated…
SWAGWAY, LLC V. ITC Before Dyk, Mayer, and Clevenger . Appeal from the International Trade Commission. Summary : Trademark decisions of the International Trade Commission, like the Commission’s patent decisions, do not have preclusive effect. Segway…
Recently, the PTO issued a Notice providing guidance on how the Board treats reissue and reexamination proceedings while an AIA trial on the same patent is co-pending. The guidance comes in response to public comments and questions seeking to understand…
A Delaware jury awarded automated milkshake maker, f’real Foods, approximately $3.2 million in damages based on Hamilton Beach’s and Hershey Creamery’s infringement of patents related to milkshake blending machines. The jury found that…
A Delaware jury awarded Hologic $4.2 million in lost profit patent damages and more than half a million dollars in reasonable royalty patent damages, based on Minerva Surgical’s infringement of patents related to detecting uterine perforations during…
On April 1, 2019, the Federal Circuit issued a non-precedential decision in Cleveland Clinic Foundation, Cleveland HeartLab, Inc. v. True Health Diagnostics LLC (“ Cleveland Clinic II ”), affirming the district court’s holding that claim…
Before Wallach , Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Regulatory guidelines addressing drug product impurities may serve as a market force in motivating a PHOSITA to modify prior art…
Before Moore , Clevenger, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : Claims directed to providing additional trading information on a prior art display, without more, are patent-ineligible under 35 U.S.C. § 101. IBG and…
Before Moore , Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board Summary : Industry skepticism is a question of fact that weighs in favor of non-obviousness and can range on a scale, with the most weight afforded to skepticism that the…
A Nebraska court upheld a jury’s reasonable royalty award of more than $14 million for infringement of Exmark’s patent relating to lawnmower baffles. An appellate court had vacated a previous jury award and remanded the case for a new damages…
Before Newman , Linn, and Dyk. Appeal from the United States District Court for the District of Oregon. Summary : The Trademark Act’s definition of “use in commerce” as a requirement for obtaining a federal trademark does not limit the…
Before Moore , Mayer, and Linn. Appeal from the Patent and Trial Appeal Board. Summary : A graphical user interface that allows users to place orders for items (such as shares of stock) by moving icons onto displayed item prices is not patent eligible…
