Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
Fashion Week San Diego is this weekend—one of the few fashion shows open to the fashion industry and the general public! Fashion shows are exhilarating. As an intellectual property (“IP”) attorney, however, fashion shows are also…
Federal Circuit Summary Before O’Malley, Reyna, and Hughes. Appeal from the District Court for the Northern District of California. Summary: Testing for the presence of a bacterium that causes tuberculosis and the primers used in that testing were…
Federal Circuit Summary Before Judges Reyna, Bryson, and Stoll . Appeal from the United States District Court for the District of Delaware. Summary : A claim that recites a specific method for navigating through three-dimensional electronic spreadsheets is…
Assertions of obviousness based on prior art references in combination with “routine optimization” by one skilled in the art are common in the chemical and biological fields. The Federal Circuit recently addressed this issue in E.I. DuPont De…
Federal Circuit Summary Before Wallach , Linn, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary : To determine whether a mark is generic, the TTAB must first properly identify the genus of the goods at issue. The genus must be based on…
Federal Circuit Summary Before Prost , Moore, and Reyna. Appeal from the Patent Trial and Appeal Board Summary : Removing the priority claim of one application in a chain can affect the ability of pending and subsequently filed applications to claim…
Federal Circuit Summary Before Wallach, Linn and Hughes. Appeal from the United States District Court for the Southern District of New York. Summary : In determining whether to award sanctions under 28 U.S.C. § 1927, the domain of colorable claims is…
Federal Circuit Summary Before Prost , Bryson, and O’Malley. Appeal from the United States District Court for the Western District of Wisconsin. Summary : (1) To uphold a jury verdict of infringement, evidence must support an inference that claim…
Federal Circuit Summary Before Lourie, Clevenger, and Stoll . Appeal from the Patent Trial and Appeal Board. Summary : 35 U.S.C. § 315(b), which prohibits the Board from instituting an IPR based on a petition filed more than one year after the date on…
On September 7, 2018, Olaplex, LLC and LIQWD, INC. (collectively, “Olaplex”) filed suit in the United States District Court for the Southern District of Florida against Verbena Products, LLC d/b/a BEAUTYVICE and Robert Roque (collectively…
Federal Circuit Summary Before Reyna, Wallach, and Hughes . Appeal from the United States District Court for the District of Nevada Summary : District Courts have jurisdiction to hear APA challenges to the PTO’s denial of a petition for rulemaking.…
Federal Circuit Summary Before Lourie , O’Malley, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : When the ranges identified in a claimed composition overlap with the ranges disclosed in the prior art, the burden shifts to the…
