Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Who doesn't remember his distinctive running style, the several world records broken individually and as a team, but also his iconic celebration pose? According to the trademark application nr. 97552042 , Usain Bolt is trying to trademark a logo of his…
GILBERT P. HYATT v. UNITED STATES PATENT AND TRADEMARK OFFICE Before Moore, Prost, and Hughes. Appeal from the District Court for the Eastern District of Virginia Summary: For a patent application filed but not yet granted before the Uruguay Rounds…
The Federal Circuit has affirmed that Eagle Pharmaceuticals, Inc. did not infringe Par Pharmaceutical, Inc. patents, easing Eagle’s path to market a generic competitor to Par’s Vasostrict® product. Par had alleged that Eagle’s…
Tomorrow we will be releasing our sixth annual IPR Intelligence report, where we covered the IPR filing activity from July 1, 2017, through June 30, 2022. This report is our effort to fully cover the IPR landscape by analyzing data at a high level and…
CASE OF THE WEEK INVT SPE LLC v. Int’l Trade Comm’n , Appeal No. 2020-1903 (Fed. Cir. Aug. 31, 2022) In its only precedential patent case last week, the Federal Circuit issued a lengthy opinion that revolved around claims that are drawn to…
Metaverse as a term dates back to Neal Stephenson's 1992 science fiction novel Snow Crash , representing a virtual reality successor to the internet where humans interacted with each other and software agents. Many online video games have developed…
Imagine if someone, right now, went to the USPTO and filed a trademark registration that is too similar to yours? One of the options is to present an opposition before the Trademark Trial and Appeal Board and challenge the trademark registration. There…
BEST MEDICAL INTERNATIONAL, INC. v. ELEKTA INC. Before Hughes, Linn, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Expert testimony was properly discounted when substantial evidence supported the Board’s finding that a POSA would…
Last April, we released our fourth annual Patent Prosecution Intelligence Report. This report not only evaluates and ranks all participating entities by activity and performance but also provides various patent statistics by analyzing the data at a high…
CASE OF THE WEEK Best Medical International, Inc. v. Elekta Inc. , Appeal Nos. 2021-2099, -2100 (Fed. Cir. Aug. 26, 2022) In this week’s Case of the Week, the Federal Circuit addressed issues of jurisdiction where a challenged claim was canceled…
IN RE KILLIAN Before Taranto, Clevenger, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: Section 101 jurisprudence is still sound post- Dobbs . Killian applied for a patent related to a system and method “for determining eligibility…
Two days ago, the companies that joined forces in order to develop the first Covid vaccine that got approval for emergency use by FDA, Pfizer and BioNTech received news of yet another lawsuit related to the mRNA technology used to develop the vaccine.…
