Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
CASE OF THE WEEK Data Engine Technologies, LLC v. Google LLC , Appeal No. 2017-1135 (Fed. Cir. Oct. 9, 2018) In one of two Section 101 cases this week, the Federal Circuit affirmed-in-part, reversed-in-part, and remanded the district court’s judgment…
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…
CASE OF THE WEEK Natural Alternatives International, Inc. v. Iancu , Appeal No. 2017-1962 (Fed. Cir. Oct. 1, 2018) In an appeal from an inter partes reexamination, the Federal Circuit affirmed the Board’s determination that the challenged claims were…
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…
CASE OF THE WEEK Gust, Inc. v. AlphaCap Ventures, LLC, Appeal No. 2017-2414 (Fed. Cir. Sept. 28, 2018) In an appeal from a district court decision awarding fees pursuant to 28 U.S.C. § 1927, the Federal Circuit reversed. The decision makes it more…
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…
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.…
CASE OF THE WEEK Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc. , Appeal Nos. 2016-2691, 2017-1875 (Fed. Cir. Sept. 20, 2018) In a reissued, slightly altered version of a July 3, 2018 decision, the Court showed the continued…
