Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
Federal Circuit Summary Before Prost, Wallach, and Chen . Appeal from the United States District Court for the District of Delaware. Summary : A post-URAA patent that issues after but expires before a related pre-URAA patent is not a double-patenting…
Federal Circuit Summary Before Moore, Chen , and Hughes. Appeal from the United States District Court for the District of Delaware. Summary : Obviousness-type double patenting does not invalidate an otherwise validly obtained patent term extension under 35…
Federal Circuit Summary Before Lourie, O’Malley , and Stoll. Appeal from the United States International Trade Commission. Summary : After institution, the Commission cannot without opposition or appearance from respondents assert insufficient…
Medical devices are increasingly incorporating software and other computer elements, but software and computer patents are in the middle of a multi-year battle between different worldviews. This battle is destined to trap more and more medical device…
On May 3, 2018, Nike filed a lawsuit against Puma in the U.S. District Court for the District of Massachusetts accusing Puma of infringing seven of its utility patents related to footwear. In an earlier post on this blog , we described some of the Nike…
Patent eligibility challenges under 35 U.S.C. §101 have been effective tools for defendants to obtain early dismissal of a case without extensive fact finding since the Supreme Court ruling in Alice . Whether a claim recites patent eligible subject…
Federal Circuit Summary Before Dyk , Reyna, and Hughes. Appeal from the United States District Court for the Eastern District of Tennessee. Summary : In the context of a suit for a declaration of non-infringement and invalidity of a patent, the…
Federal Circuit Summary Before Newman , Mayer, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary : Words that are primarily a surname can be registered as trademarks if they have acquired secondary meaning, even if the public also…
Written by : Bryan J.Johnson , Loni Morrow & Peter Law In 2017, New Jersey based biotech startup Modern Meadow launched Zoa ™, which is inspired by leather and is the company’s first brand of biofabricated materials. Zoa™, a name derived…
On October 30, 2018, the Federal Circuit weighed in on Converse’s Chuck Taylor trade dress infringement lawsuit. As reported in If the IP Fits, Wear It: IP Protection For Footwear – a U.S. Perspective , Converse filed over 30 lawsuits in the…
On October 19, 2018 plaintiffs CAR-FRESHNER Corporation (“CFC”) and Julius Sämann Ltd (“JSL”) filed suit against Balenciaga America, Inc. for alleged trademark infringement, false designation of origin, trademark dilution, and…
Federal Circuit Summary Before Newman, Hughes, and Stoll . Appeal from the United States District Court for the Northern District of California. Summary : Reasonable royalty patent damages cannot include a royalty for sales of non-accused products. Enplas…
