Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
Nike filed a lawsuit against Puma on May 3, 2018 in the District Court of Massachusetts accusing Puma of infringing over 40 claims of seven utility patents. The complaint asserts that Puma is using Nike’s Flyknit®, Air®, and cleat assembly in…
Federal Circuit Summary Before PROST , Wallach, and Taranto. Appeal from the Southern District of Indiana. Summary : In determining whether a party’s actions were “exceptional” under Octane Fitness , the District Court properly considered…
Federal Circuit Summary Before Taranto, Plager, and Chen . Appeal from the Patent Trials and Appeals Board. Summary : In determining whether materials distributed at meetings or conferences are reasonably accessible to the public, the Board must consider…
Federal Circuit Summary Before Wallach, Taranto , and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : The Federal Circuit determined that it had jurisdiction to hear an appeal from a Board decision in an IPR even though the Board erred in…
Federal Circuit Summary Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. On petition for rehearing en banc. Summary : Under step two of the Alice framework, whether a claim element or combination…
Federal Circuit Summary Before Lourie, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board (“PTAB”). Summary: Nothing in § 41.41(b)(2) bars a reply brief from addressing new arguments raised in the examiner’s answer that…
Federal Circuit Summary Before Reyna, Taranto, and Hughes . Appeal from the Northern District of California. Summary : Failure to use the word “means” creates a rebuttable presumption that the term is not a means-plus-function limitation…
Federal Circuit Summary Before Prost, Newman , and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : An unsupported expert opinion does not constitute substantial evidence to contradict a prior art reference. Ericsson petitioned for inter…
Federal Circuit Summary Before Newman, Dyk, and Chen . Appeal from the District of Colorado. Summary : (1) The Federal Circuit’s separate affirmance of a PTAB decision that a patent in suit is invalid renders an appeal from a district court on that…
Federal Circuit Summary Before Reyna, Clevenger, and Wallach . Appeal from the United States District Court for the District of Colorado Summary : Even in a simple mechanical case, a narrow disclosure in the specification of a priority application may not…
Federal Circuit Summary Before Prost, Newman, and Lourie . Appeal from the United States Patent and Trademark Office (PTAB) Summary : A limitation that merely claims information by incorporating that information into a mental step or process is not…
Federal Circuit Summary Before Lourie, O’Malley, and Taranto . Appeal from the United States District Court for the Northern District of Texas. Summary : Claims may be determined patent ineligible on the pleadings where no facts are asserted from…
