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 SRI Int’l, Inc. v. Cisco Sys., Inc. , Appeal No. 2017-2223 (Fed. Cir. Mar. 20, 2019) In a decision following trial, the Federal Circuit addressed the issue of the eligibility of patent claims directed to technology meant to improve…
Federal Circuit Summary Before Lourie, O’Malley, and Stoll . Appeal from District of Delaware. Summary : Under step one of Alice , a claim is not directed to an abstract idea when it recites a specific technique to solve a technological problem…
CASE OF THE WEEK Natural Alternatives Int’l v. Creative Compounds, LLC , Appeal No. 2018-1295 (Fed. Cir. Mar. 15, 2019) In an appeal from a judgment on the pleadings, the Federal Circuit reversed, issuing an opinion that clarifies when a medical…
Federal Circuit Summary Before Moore , Reyna, and Wallach. Appeal from the Southern District of California. Summary : District court improperly held that claims were directed to a natural law where the claims recited a method of treatment requiring a…
Federal Circuit Summary Before Prost, Dyk, and Moore . Appeal from District of Delaware. Summary : A district court’s construction of a claim term that is contrary to the plain language of the claims and usage of the term in the specification was…
On February 6, 2019, the Federal Circuit decided Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC , affirming a District Court for the District of Massachusetts decision that the claims at issue were patent ineligible for being directed to a…
CASE OF THE WEEK PersonalWeb Techs., LLC v. Apple, Inc. , Appeal No. 2018-1599 (Fed. Cir. March 8, 2019) In a second appeal in this inter partes review matter, the Federal Circuit reversed the PTAB’s finding of invalidity, ending this five-year old…
Federal Circuit Summary Before Moore, Taranto, and Chen . Appeal from the Patent Trial and Appeal Board. Summary : The mere fact that a certain thing may result from a given set of circumstances is not sufficient to demonstrate inherency. Instead, the…
CASE OF THE WEEK University of Florida Research Foundation, Inc. v. General Electric Company , Appeal No. 2018-1284 (Fed. Cir. Feb. 26, 2019) The Court this week affirmed the Rule 12(b)(6) dismissal of an infringement lawsuit, finding that the claims of…
Federal Circuit Summary Before Prost, Moore , and Wallach. Appeal from the Northern District of Florida. Summary : When a state entity sues for patent infringement, it waives sovereign immunity as to all defenses, including subject matter eligibility under…
CASE OF THE WEEK Coda Development S.R.O. v. Goodyear Tire & Rubber Co. , Appeal No. 2018-1028 (Fed. Cir. Feb. 22, 2019) In an appeal from a district court dismissal of a case seeking correction of inventorship , the Federal Circuit reversed and remanded…
Federal Circuit Summary Before Prost , Wallach, and Hughes. Appeal from the U.S. District Court for N.D. Ohio. Summary : On a Rule 12(b)(6) motion, a district court cannot judicially notice facts that are subject to reasonable dispute. Also, when a…
