Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
CASE OF THE WEEK DBN Holding, Inc. v. International Trade Commission , Appeal No. 2020-2342 (Fed. Cir. Mar. 1, 2022)‎ The Federal Circuit issued only one precedential decision this week relating to a patent case. On this appeal—the fourth in the…
Just yesterday Cartier filed a lawsuit in a New York state court in Manhattan where it accuses its luxury rival Tiffany & Co of stealing trade secrets. Back in December, Tiffany had hired an employee that previously worked under Cartier despite the…
CASE OF THE WEEK Alarm.com Inc. v. Hirshfeld , Appeal No. 2020-2102 (Fed. Cir. Feb. 24, 2022) In an appeal from the U.S. District Court for the Eastern District of Virginia, the Federal Circuit addressed whether the ex parte reexamination statutory scheme…
ALARM.COM INC. v. HIRSHFELD Before Taranto, Chen, and Cunningham. Appeal from the United States District Court for the Eastern District of Virginia. Summary: The Administrative Procedure Act (APA) permits judicial review of a Patent Office decision…
IN RE STEVE ELSTER Before Dyk, Taranto, and Chen. Appeal from the Trademark Trial and Appeal Board. Summary: The Patent and Trademark Office violated the First Amendment by refusing to register the trademark TRUMP TOO SMALL absent consent from former…
Earlier in February we released our Patent Litigation Report (2022 Edition) that covers the patent litigation activity during the past 4 years, from July 1, 2017 through June 30, 2021. In this report we analyze high level statistics based on all 14,506…
Finding out that someone is infringing your trademark certainly bad news. There has been an economic damage to your brand as well as now you have to spend time and sometimes even money to stop the infringement. But what about new entrepreneurs, how can…
Just this Monday, the 11th U.S. Circuit Court of Appeals reversed and remanded the DC order which dismissed the Alabama Aircraft Industries claims of trade secret misappropriation. According to the decision, the lower court erred in their decision that the…
Next month, Patexia plans to release its popular ITC Intelligence Report (2022 Edition). This marks the third consecutive year that we are publishing this report. ITC has become very popular lately and as we will cover in our annual report, last year we…
CASE OF THE WEEK Adapt Pharma Operations Limited v. Teva Pharmaceuticals USA, Inc. , Appeal No. 2020-2106 (Fed. Cir. ‎Feb. 10, 2022)‎ In our Case of the Week, the Court of Appeals for the Federal Circuit, in both the majority opinion and…
ADAPT PHARMA OPERATIONS LTD. V. TEVA PHARMS. USA, INC. Before Newman, Prost, and Stoll. Appeal from the United States District Court for the District of New Jersey. Summary: Recent attempts by competitors to achieve patented technology, both before and…
LARRY G. JUNKER V. MEDICAL COMPONENTS, INC. Before Dyk, Reyna, and Stoll. Appeal from United States District Court for the Eastern District of Pennsylvania. Summary: A letter containing specific delivery conditions, risk allocations, and payment terms may…
