Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
CASE OF THE WEEK AVX Corporation v. Presidio Components, Inc ., Appeal No. 2018-1106 (Fed. Cir. May 13, 2019) Following an inter partes review upholding the patentability of certain challenged claims, the Court dismissed Petitioner AVX Corporation’s…
BTG INTERNATIONAL LIMITED v. AMNEAL PHARMACEUTICALS LLC Before Wallach , Moore, and Chen. Consolidated appeals from the Patent Trial and Appeal Board and the U.S. District Court for the District of New Jersey. Summary : The PTAB correctly construed the…
NOVARTIS PHAMACEUTICALS CORP V. WEST-WARD PHARMACEUTICALS Before Stoll , Plager, and Clevenger. Appeal from the United States District Court for the District of Delaware. Summary: When a method of using a prior art compound is claimed rather than the…
CASE OF THE WEEK Amgen Inc. v. Sandoz Inc. , Appeal No. 2018-1551 (Fed. Cir. May 8, 2019) In an appeal from a district court’s summary judgment of non-infringement, the Federal Circuit affirmed claim construction and non-infringement opinions in a…
CASE OF THE WEEK ThermoLife Int’l LLC v. GNC Corp. , Appeal Nos. 2018-1657, 2018-1666 (Fed. Cir. May 1, 2019) In an appeal from a district court decision, the Federal Circuit affirmed the district court’s grant of defendants Hi-Tech’s and…
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…
CASE OF THE WEEK Neptune Generics, LLC v. Eli Lilly & Co. , Appeal Nos. 2018-1257, et al. (Fed. Cir. Apr. 26, 2019) The Federal Circuit issued only one precedential patent decision this week. The short, 11-page decision flowed from a series of IPRs…
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…
CASE OF THE WEEK E.I. Du Pont De Nemours & Co. v. Unifrax I LLC , Appeal No. 2017-2575 (Fed. Cir. Apr. 17, 2019) Our featured case of the week revolved primarily around the construction of a single claim term in a patent. At issue is the meaning of the…
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…
