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 Chen , Newman and Dyk. Appeal from the Eastern District of Texas. Summary: The Texas Theft Liability Act (TTLA), which awards attorney’s fees to the prevailing party, does not permit the recovery of attorney’s…
Federal Circuit Summary Before Moore, Linn, and Chen . Appeal from the United States District Court for the District of Delaware. Summary: A prior art reference does not inherently disclose the elements of a claim limitation if the prior art describes the…
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…
CASE OF THE WEEK Polara Engineering Inc. v. Campbell Company , Appeal Nos. 2017-1974, -2033 (Fed. Cir. July 10, 2018) In this wide-ranging opinion, the Court provided a rare and lengthy opinion on the public use bar under 35 U.S.C. § 102(b) and the…
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…
CASE OF THE WEEK Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc. , Appeal Nos. 2016-2691, 2017-1875 (Fed. Cir. July 3, 2018) The Court affirmed a jury verdict of patent infringement and vacated a $140 million damages award. At issue…
CASE OF THE WEEK Impax Laboratories Inc. v. Lannett Holdings Inc. , Appeal No. 2017-2020 (Fed. Cir. June 28, 2018) In an appeal taken from the Delaware district court, the Federal Circuit extended deference to the district court’s decision to uphold…
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…
The Federal Circuit issued only one precedential patent decision last week. However, on Friday, the Supreme Court issued its long-awaited decision on extraterritorial damages in WesternGeco LLC v. ION Geophysical Corp. , Appeal No. 16-1011 (June 22, 2018)…
