Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
Written by Damien Howard and Nathanael Luman, Ph.D. The PTAB recently designated as precedential its 2013 decision that assignor estoppel is not a defense for patent owners in IPR proceedings in Athena Automation Ltd. v. Husky Injection Molding Systems…
Several new green patent complaints were filed in May and June in the areas of advanced batteries, electroluminescence lighting technology, green cleaning solvents, and LEDs. Advanced Batteries Milwaukee Electric Tool Corp. et al. v. Chervon (HK) Ltd. In…
Written by Mark E. Davis and Benjamin Anger On remand from the Federal Circuit, the PTAB granted Veritas’s Supplemental Motion to Amend for one substitute claim and denied the motion with respect to a second claim in Veeam Software Corporation v.…
In the 2003 panel decision in Schering Corp. v. Geneva Pharm., Inc., the panel rejected “the contention that inherent anticipation requires recognition [of the claim element not found] in the prior art.” The claims were directed to a bioactive…
Failure to Argue Differing Claim Language of Similar Claims Haunts Appellant PTAB practitioners must always be mindful of the Board's longstanding practice to treat grouped claims as standing or falling together. That is, claims should be argued…
Written by Scott Siera, Ph.D. and Michael L. Fuller Stanford University v. The Chinese University of Hong Kong . Federal Circuit Appeal No. 2015-2011. Decided June 27, 2017. In an appeal from the Patent Trial and Appeal Board (PTAB), the Federal Circuit…
In Genband US LLC v. Metaswitch Networks Corp., [2017-1148] (July 1-, 2017), the Federal Circuit vacated the denial of a permanent injunction and remanded for reconsideration. The jury found U.S. Patent Nos. 6,772,210; 6,791,971; 6,885,658; 6,934,279;…
Written by Clayton R. Henson and Kerry S. Taylor, Ph.D. Previously, we reported the outcomes of remands from the Federal Circuit to the PTAB in IPR cases through 2016. [https://www.knobbe.com/news/2017/02/ipr-appeals-outcomes-fed-circ-remands-ptab-law360].…
Ariosa was a decision that essentially held that the novel discovery of a naturally-occurring phenomenon could not per se meet the Mayo/Alice requirement for an inventive concept, even though it was of “groundbreaking importance” in advancing…
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. In NexLearn the Circuit affirmed the dismissal of a patent infringement case for lack of personal jurisdiction even though a software provider had, among other things, offered a potential…
Written by Keith Lim and Vlad Teplitskiy In a precedential opinion, the Federal Circuit affirmed the determination by the Patent Trial and Appeal Board (“PTAB”) in a covered business method review proceeding that the claims of U.S. Patent No.…
Are You Properly Corroborating Your In Re Katz Declarations? Every so often a decision comes out of the USPTO's Patent Trial & Appeal Board (PTAB) or the Federal Circuit that has immediate value for patent prosecutors . Last week, in EmeraChem…
