Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
Federal Circuit Summary Before Prost, Dyk and Moore . Appeal from the United States District Court for the District of Minnesota. Summary: A party’s continued, but ultimately unsuccessful, pursuit of a claim construction may not warrant…
Federal Circuit Summary Before Newman, O’Malley , and Chen. Appeal from the PTAB. Summary : Patent Owner Vertnetx Inc. (“Virnetx”) was collaterally estopped from arguing that a reference was not a printed publication because the Federal…
Federal Circuit Summary Before Newman , Wallach, and Stoll. Appeal from the District Court of the Northern District of Texas. Summary: There is no generalized rule that sending letters alleging patent infringement by themselves does not create personal…
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…
CASE OF THE WEEK Jack Henry & Associates, Inc. v. Plano Encryption Technologies LLC , Appeal No. 2016-2700 (Fed. Cir. Dec. 7, 2018) On Friday, the Federal Circuit reversed a district court’s dismissal of a declaratory judgment action due to improper…
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…
CASE OF THE WEEK Maxchief Investments Ltd. v. Wok & Pan, Ind., Inc. , Appeal No. 2018-1121 (Fed. Cir. Nov. 29, 2018) In its only precedential patent decision this week, the Federal Circuit addressed the extent to which a court has declaratory judgment…
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…
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…
CASE OF THE WEEK Enplas Display Device Corp. v. Seoul Semiconductor Co., Ltd., Appeal No. 2106-2599 (Fed. Cir. Nov. 19, 2018) In an appeal from a jury verdict and JMOLs in a patent infringement case, the Federal Circuit set new precedent concerning lump…
