Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
Federal Circuit Summary Before Newman, Lourie , and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: References were sufficiently accessible to the public to constitute printed publication prior art even if they were not searchable or indexed…
Federal Curcuit Summary Before Newman , Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Claim construction was not reasonable where it extended the breadth of the claims beyond what was described in the specification. Tre Milano…
Federal Circuit Summary Before Lourie , Dyk, and Hughes. Appeal from the United States District Court for the Central District of California Summary: (1) The public use bar is not triggered by experimental use testing the claimed features to determine if…
Federal Circuit Summary Before Dyk , Clevenger, and Chen. Appeal from the United States District Court for the Northern District of California. Summary : In order to rely on the entire market value rule to calculate damages, a patentee must prove that the…
Written by: Brandon G. Smith and Nicole R. Townes Federal Circuit Summary Before Moore , Wallach, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : The Supreme Court’s decision in SAS Institute Inc. v. Iancu requires the Board in…
Federal Circuit Summary Before Lourie , Dyk, and Taranto. Appeal from the District Court for the District of Delaware. Summary : A passing reference in the prior art to a formulation containing the claimed active ingredient and the claimed administration…
Before the Supreme Court. Thomas delivered opinion, joined by Roberts, Kennedy, Ginsburg, Alito, Sotomayor, and Kagan. Gorsuch dissenting, joined by Breyer. Summary : Patentee may recover foreign lost profits, where infringer violated § 271(f)(2) by…
Moldex-Metric, Inc. filed a trademark infringement lawsuit against McKeon Products. Moldex-Metric asserted that McKeon infringed its unregistered trade dress consisting of a bright green color for foam ear plugs by using a similar green color for ear…
Federal Circuit Summary Before Prost, Moore , and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : An IPR petitioner bears the burden of persuasion concerning the patentability of proposed substitute claims. Institut Straumann AG and Dental…
International Trade Commission The ITC has issued a series of new rules applying to all Section 337 investigations instituted after June 7, 2018. Although the overall impact of these new rules is not yet known, attorneys will find the following four…
Federal Circuit Summary Before Prost, Newman , Mayer, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Petition for panel rehearing and rehearing en banc. Summary : Judge Newman dissents from the denial of a petition…
On June 1, 2018 the U.S. Patent and Trademark Office designated a Board order in Western Digital Corporation v. SPEX Technologies, Inc . as informative on the issue of Motions to Amend during an IPR. At the same time, the USPTO de-designated two previously…
