Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
User Activities vs. User-Driven, Hardware Function Every so often a decision comes out of the Federal Circuit that has immediate value for patent prosecutors . Yesterday’s decision in Mastermine Software, Inc. v. Microsoft Corp., is one such case. In…
Expanded Panel Decision Voted Precedential On the heels of the recent issuance of an expanded panel decision in General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, Case IPR2016-01357 (PTAB Sept. 6, 2017) (Paper 19), Section II.B.4.i.( here ),…
In Amgen, Inc. v. Sanofi, Appeal no. 2017-1480 (Fed. Cir., Oct. 5, 2017) the Fed. Cir. panel reversed the district court’s finding that Amgen antibody patents 8,289,165 and 8859741 were not invalid for failing to meet the written description and…
Sitting en banc, a fractured Federal Circuit (Appeal no. 2015-1177 ( Fed. Cir., Oct. 4, 2017 )) released 140+ pages comprising five separate opinions (7 Judges “concur in result”). The majority held that, at least under the current PTO…
Written by Jane Xia , Brenden S. Gingrich, Ph.D. , and Joseph Reisman, Ph.D. The U.S. District Court for the District of Delaware recently handed down two important decisions on motions to transfer for improper venue. Judge Stark presided over both cases,…
In In re: Smith International, Inc., [2016-2303] (September 26, 2017), the Federal Circuit reversed the PTAB’s affirmance of the Examiner’s rejections of claims in an ex parte reexamination of U.S. Patent 6,732,817 directed to a downhole…
In Jang v. Boston Scientific Corp., [2016-1275, 2016-1575] (September 29, 2017), the Federal Circuit affirmed the district court’s denial of Jang’s motion for judgment as a matter of law (JMOL), its vacatur of the jury verdict of infringement…
Written by Benjamin Anger and Mark Rubinshtein, Ph.D. A magistrate judge in the Eastern District of Texas recommended in Network-1 Technologies, Inc. v. Alcatel-Lucent USA, Inc. Case No. 6:11-cv-492 (E.D.Tex. September 25, 2017) that Hewlett-Packard…
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt In Jang v. Boston Scientific , the Circuit takes on the doctrine of ensnarement, affirming a district court’s grant of JMOL based on the patentee’s inability to develop a hypothetical…
Written by Peter E. Heuser - Schwabe, Williamson & Wyatt P.C. In In Re Cray , the panel grants Cray’s petition for a writ of mandamus, ruling that the district court’s handling of the case is not consistent with its case law regarding what is…
Oil States/CAFC to Unravel “Litigation” Premise Sovereign immunity from proceedings of the Patent Trial & Appeal Board (PTAB) has become inextricably linked with the Oil States debate now before the Supreme Court. That is, the 7th amendment…
In Southwire Co. v. Cerro Wire LLC, [2016-2287] (September 8, 2017), the Federal Circuit affirmed the PTAB’s decision in an Inter Partes reexamination that the claims of U.S. Patent No. 7,557,301 on a method of making cable are unpatentable under 35…
