Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
LATEST FROM THE SUPREME COURT WesternGeco LLC v. ION Geophysical Corp ., Appeal No. 16-1011 (June 22, 2018) In its final patent decision of the October 2017 term, the Supreme Court today issued a decision concerning the scope of damages that are available…
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…
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…
CASE OF THE WEEK Medtronic, Inc. v. Mark A. Barry , Appeal Nos. 2017-1169, -1170 (Fed. Cir. June 11, 2018) The Court affirmed-in-part and vacated-in-part a PTAB decision finding that petitioner Medtronic, Inc. had failed to prove that challenged claims…
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…
CASE OF THE WEEK PGS Geophysical AS, v. Andrei Iancu , Appeal Nos. 2016-2470, -2472, -2474 (Fed. Cir. June 7, 2018) In appeals from three inter partes review , the Federal Circuit addressed transition issues for cases currently on appeal that were…
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…
