Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
Machine learning is one of the fastest growing categories of granted patents[1]. However, there do not appear to be many examples of patent infringement lawsuits where machine learning claims have been analyzed by the courts under the patent-eligibility…
Federal Circuit Summary Before O’Malley , Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : While obviousness of apparatus claims “capable of” a particular function may be shown by identifying a prior art…
Federal Circuit Summary On September 10, 2018, the Federal Circuit decided Regents of the University of California v. Broad Institute, Inc. , affirming the Patent Trial and Appeal Board (PTAB)’s determination of no interference-in-fact between the…
Federal Circuit Summary Before O’Malley, Mayer, and Reyna . Appeal from the Patent Trial and Appeal Board. Summary : Claims may be rejected under 35 § U.S.C. 103 based on implicit disclosures of a prior art reference. Samsung and Apple filed an…
Federal Circuit Summary Before O’Malley , Reyna, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary : Courts should not give too much weight to evidence purporting to show a lack of actual confusion in an ex parte proceeding. The…
Federal Circuit Summary Before Newman, Dyk, and Taranto . Appeal from the United States District Court for the District of Delaware. Summary : Pharmaceutical patents were obvious where the claims covered species of a genus taught by the prior art, the…
Federal Circuit Summary Before Prost , O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : The PTAB may initially accept an IPR petitioner’s identification of real-parties-in-interest, but if and when a patent owner…
Federal Circuit Summary Before Prost, Moore , and Reyna. Appeal from the District of Delaware. Summary : Plain language claim construction will not be narrowed based on the prosecution history unless the patentee clearly and explicitly disclaims claim…
On July 18, 2018 the well-known luxury goods company, Cartier International AG and Cartier, a division of Richemont North America Inc. (collectively, “Cartier” or “Plaintiffs”) filed suit in the United States District Court for the…
The United States Patent and Trademark Office (USPTO) published an update to the AIA Trial Practice Guide (‘‘Trial Practice Guide’’) in August 2018 to revise guidance on practices before the Patent Trial and Appeal Board…
Federal Circuit Summary Before Prost, Wallach , and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary : TTAB did not abuse its discretion by (1) refusing to consider factual assertions made in a brief, where no evidence was introduced…
Federal Circuit Summary Before Reyna , Taranto, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : The Board must consider arguments in an IPR petitioner’s reply, where the arguments expressly follow from the petition, do not rely on…
