Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit · clear
In Personal Web Technologies, LLC v. Apple, Inc., [2016-1174] (February 14, 2017), the Federal Circuit affirmed the Board’s claim construction but vacated the Board’s obviousness determination because the Board did not adequately support its…
Recalibration of Venue Could Change Face of Patent Litigation As most are well aware, the patent venue statute, 28 U.S.C. § 1400(b), provides that patent infringement actions “may be brought in the judicial district where the defendant resides .…
Written by Peter Heuser, Schwabe Williamson & Wyatt In Shire , the panel rejects defendant’s attempt to read “consisting of” as though the claims read “consisting essentially of.” While we normally limit our comments to…
Last month, the Federal Circuit made clear that Article III standing is necessary for petitioners to appeal from adverse decisions in AIA trial proceedings in Phigenix, Inc. v. ImmunoGen, Inc. ( here ) The Phigenix decision follows an earlier decision ,…
Written by Paul Chang, Ph.D. and Brenden Gingrich, Ph.D. Anticipation by inherent disclosure requires that a single prior art reference necessarily includes the unstated limitation. The unpredictable nature of biological processes means that winning…
On September 20, 2016, the U.S. Court of Appeals for the Federal Circuit issued an opinion affirming the summary judgement that Abbott’s U.S. Patent No. 5,344,915 (“the ’915 Patent”) was sufficiently supported by the written…
The Federal Circuit recently decided two related cases concerning media content delivery patents 1 owned by Affinity Labs of Texas, LLC. In both cases, the Federal Circuit held that the patents do not cover patent-eligible subject matter under 35 U.S.C.…
In the fourth of a recent series of appellate decisions establishing patent-eligibility of patent claims post-Alice, in McRO, Inc. v. Bandai Namco Games America , the Court of Appeals for the Federal Circuit reversed a district court ruling of…
The Federal Circuit has released its long-awaited opinion in McRo v. Bandai , reversing the lower court’s decision that the claims were ineligible subject matter. McRo’s invention in U.S. 6,307,576 was a method used in 3D computer animation,…
On July 5, 2016, the U.S. Court of Appeals for the Federal Circuit issued an opinion vacating the summary judgment of invalidity of U.S. Patent No. 7,604,929 (“the ’929 Patent”) and sent the case back to the District Court for the…
In an en banc decision on July 12, 2016 in The Medicines Co. v. Hospira, Inc ., the Federal Circuit established the circumstances under which a product manufactured according to product-by-process claims is invalid under the “on sale” bar of 35…
Obvious Combinations Do Not Need to Be Physically Combinable In Allied Erecting and Dismantling Co., Inc. v. Genesis Attachments, LLC , Appeal No. 2015-1533, the Federal Circuit affirmed the PTAB’s invalidity finding based on obviousness. Genesis…
