Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
WiFi One Touchstone: Closely Related to Patentability Determination? As I predicted would happen last Spring , the Court held today in Wi-Fi One v. Broadcom ( here ) that the appeal bar is limited to Director determinations closely related to the…
Federal Circuit Summary En banc, Reyna . Appeal from the Patent Trial and Appeal Board. Summary : The Federal Circuit can review the Board’s decision whether an IPR is time barred under § 315(b). In 2010, Ericsson filed a complaint for patent…
Federal Circuit Summary Before Dyk, Reyna, and Wallach . Appeal from the Patent Trial and Appeal Board. Summary : Extrinsic evidence can be used to find that an allegedly anticipating reference necessarily includes relevant claim limitations. E.I. DuPont…
Prosecutor’s Tool Box 2017 Patent prosecutors navigate complex USPTO rules and seemingly esoteric examinational requirements to procure patent rights. In doing so, it is easy to lose sight of the fact that the Manual of Patent Examining Procedure…
Federal Circuit Summary Before Newman, O’Malley, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Anticipation is not proven by multiple, distinct teachings in a single prior art document that a skilled artisan might somehow combine…
In both HTC v. Cellular and Microsoft v. Biscotti , the Circuit affirms rare IPR determinations that all of the claims of the patents at issue are not invalid. In Travel Sentry v. Tropp , the Circuit vacates summary judgment in favor of luggage…
The odd title of this post arose from the fact that defendant Autel U.S., Inc. chose not to appeal its IPR win against Bosch that included invalidation of the claims in suit, and the refusal of the Board to enter an amended claim set proposed by Bosch.…
Federal Circuit Summary Before NEWMAN, CHEN , and HUGHES. Appeal from the Patent Trial and Appeal Board. Summary: In inter partes review, the patent challenger bears the burden of proving that proposed amended claims are unpatentable. This burden applies…
Infringement Action Waives PTAB Immunity State-affiliated entities enjoy immunity from suit in federal courts under the 11th amendment. To date, a handful of such entities have successfully leveraged the same immunity theory to avoid review of their…
TRAVEL SENTRY, INC., v. DAVID A. TROPP Before Lourie, O’Malley , and Taranto. Appeal from the United States District Court for the Eastern District of New York. Summary : For divided infringement under § 271(a), an accused infringer does not…
In Arctic Cat Inc. v. Bombardier Recreational Products Inc., [2017-1475] (December 8, 2017), the Federal Circuit affirmed the district court’s denial of judgment as a matter of law as to obviousness, the jury’s royalty rate, willfulness, treble…
The Federal Circuit recently faced a patent marking issue in Arctic Cat Inc. v. Bombardier Recreational Products Inc., [2017-1475] (December 8, 2017). In that case, the patent owner Arctic Cat had previously licensed the patents in suit to Honda. The…
