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 Prost, Dyk , and O’Malley. Appeal from the Patent and Trial Appeal Board. Summary: An IPR petitioner lacks standing to appeal an adverse decision by the Board if it sells no infringing products and there is no risk of…
Federal Circuit Summary Before Lourie , O’Malley, and Taranto . Appeal from the United States District Court for the Northern District of Texas. Summary: Where remand of post-reexamination claims that issued during the pendency of an appeal would be…
Federal Circuit Summary Before Newman , Clevenger and Chen. Appeal from the United States District Court for the Central District of California. Summary: Prosecution history estoppel does not bar enforcement of a patent when the accused product falls…
Federal Circuit Summary Before Newman , Lourie, and Reyna. Appeals from the Patent Trial and Appeal Board. Summary: A party did not waive SAS -based relief in an IPR appeal when it requested remand for consideration of non-instituted claims shortly after…
CASE OF THE WEEK Applications in Internet Time, LLC v. RPX Corp. , Appeal Nos. 2017-1698, et al. (Fed. Cir. July 9, 2018) (unsealed July 24, 2018) In a lengthy decision on an issue of first impression, the Federal Circuit addressed the standard for finding…
Federal Circuit Summary En Banc (excl. Chen), Opinion for the court filed by Stoll , joined by Newman, Lourie, Moore, O’Malley, Wallach, and Taranto. Appeal from the United States District Court for the Eastern District of Virginia. Summary: 35…
Federal Circuit Summary Before Prost , Moore, and Reyna. Appeal from the United States District Court for the District of Massachusetts Summary: A patent claim having multiple permutations is only enabled if each and every permutation is enabled. Boston…
Federal Circuit Summary Before Frost , Newman, and Lawrie. Appeal from the U.S. District Court for the Eastern District of Texas. Summary: A weak showing of secondary considerations is insufficient to create a genuine dispute of fact sufficient to overcome…
Federal Circuit Summary Before Dyk, Moore , and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Tribal sovereign immunity does not shield Indian Tribe owned patents from IPR. Generic drug manufacturers petitioned for IPR of Allergan’s…
CASE OF THE WEEK St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. , Appeal No. 2018-1638, -1639, -1640, -1641, -1642, -1643 (Fed. Cir. July 20, 2018) In a groundbreaking decision issued on Friday, the Federal Circuit held that tribal sovereignty…
Federal Curcuit Summary Before Taranto, Plager, and Chen . Appeal from the U.S. District Court for the Western District of Washington. Summary: A patent claim is directed to an abstract idea where it broadly recites a result without defining how the result…
Federal Circuit Summary Before Prost, Moore and Reyna. Appeal from the District Court of Delaware. Summary: A limitation in the specification should not be imported into a claim when there is no evidence that the limitation is important, essential or…
