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 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…
CASE OF THE WEEK ArcelorMittal Atlantique Et Lorraine v. AK Steel Corporation, Appeal No. 2017-1637 (Fed. Cir. Nov. 14, 2018) In an opinion originally filed as sealed on Nov. 5 and unsealed on Nov. 18, the Federal Circuit vacated and remanded a district…
Federal Circuit Summary Before Reyna , Wallach, and Taranto. Appeal from the Patent Trial and Appeal Board Summary: A party must file a cross-appeal when their argument requires modification of a decision. Under the APA, the final claim construction need…
Federal Circuit Summary Before Dyk, Wallach, and Taranto. Appeal from the United States District Court for the Western District of Washington Summary : Claims directed to improving computer security by using BIOS memory to store a license can be a…
Federal Circuit Summary Before Prost , O’Malley, and Stoll. Appeal from the Trademark Trial and Appeal Board Summary : Advertising costs and sales figures are relevant in determining whether a trademark is famous and, thus, whether a likelihood of…
Federal Circuit Summary Before Dyk, Reyna, and Taranto, per curiam. Petition for Writ of Mandamus from the District Court for the Eastern District of New York. Summary : In a case pending before TC Heartland was decided, a venue challenge based on TC…
CASE OF THE WEEK Acceleration Bay, LLC v. Activision Blizzard Inc. , Appeal Nos. 2017-2084, -2085, -2095, -2096, -2097, -2098, -2099, -2117, 2118 (Fed. Cir. Nov. 6, 2018) In appeals of six inter partes review final decisions on three challenged patents,…
Federal Circuit Summary Before Prost , Schall, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: The plain language of 35 U.S.C. § 311(a) unambiguously leaves no room for assignor estoppel to apply in the IPR context. Dr. David…
Federal Circuit Summary Before Prost, Moore , and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Omitting a transition phrase between the preamble and the body of a claim does not cause terms in the preamble to limit the scope of the…
CASE OF THE WEEK GoPro, Inc. v. Contour IP Holding, LLC , Appeal Nos. 2017-1894, -1936 (Fed. Cir. Nov. 1, 2018) In its only precedential decision in the past three weeks, the Federal Circuit denied a petition for rehearing en banc and reissued its panel…
Federal Circuit Summary Before Judges Dyk , O’Malley, and Hughes. Appeal from the United States International Trade Commission. Summary : Registered trade dress carries a presumption of secondary meaning only prospectively from the date of…
Federal Circuit Summary Before Judges Reyna , Bryson, and Stoll. Appeals from the Patent Trial and Appeal Board and the United States District Court for the District of Delaware. Summary: Non-prior art evidence may be considered when evaluating the…
