Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
Federal Circuit Summary Before Newman, Mayer, and Lourie . Appeal from the Patent Trial and Appeal Board. Summary : An application is unpatentable under pre-AIA 35 U.S.C. § 102(f) when the application does not name the correct inventors. After…
Written by: Scott Forbes and Michael L. Fuller The U.S. Patent and Trademark Office has issued new guidance to patent examiners in light of the Federal Circuit’s recent holdings in Berkheimer v. HP Inc. , 881 F.3d 1360 (Fed. Cir. 2018) and Aatrix…
Federal Circuit Summary Before Reyna , Wallach, and Stoll. Appeal from the United States District Court for the Middle District of Georgia. Summary : A complaint that attaches the asserted patents, specifically identifies the accused products by name and…
Federal Circuit Summary Before Dyk, Bryson, and Taranto . Appeal from the United States District Court for the Eastern District of Texas. Summary : A plaintiff has no 7th Amendment right to a jury trial for a claim for disgorgement of profits for trade…
On April 26, 2018, the USPTO issued a one-page guidance document on the impact of the Supreme Court’s recent decision, SAS Institute Inc. v. Iancu, on AIA trial proceedings. As has been widely reported, SAS reversed the PTAB’s long-standing…
Patent Judgments & Awards In another win in a string of victories for Solutran, Inc. in its long-running patent dispute with U.S. Bancorp, a jury in the U.S. District Court in Minnesota found that Solutran was entitled to both lost profits and a reasonable…
Federal Circuit Summary Before Newman, Mayer , and Stoll. Appeal from the U.S. District Court for the Northern District of Ohio. Summary : While there is not a “practicing the prior art” defense to literal infringement, a litigant is not…
On March 22, 2018, a Texas federal court awarded patent infringement damages totaling over $8 million and ongoing royalties in a case involving multiple patents related to voice over IP technology. The damages award is based on a jury trial that was…
Federal Circuit Summary Before Dyk, Bryson , and Reyna. Appeal from PTAB, remanded from the Federal Circuit, en banc. Summary : Time-bar does not apply to IPR petitioner through privity with a district court defendant because the evidence did not show (1)…
Federal Circuit Summary Before Reyna, Taranto , and Hughes. Appeal from the United States District Court for the Central District of California Summary : An individual claiming sole inventorship of a patent has standing under 35 U.S.C. § 256 to…
Federal Circuit Summary Before Newman, Lourie , and Reyna. Appeal from the United States District Court for the Northern District of Florida. Summary : Collateral estoppel does not apply to a prior decision of no invalidity under § 101, where the…
Federal Circuit Summary Before Dyk, O’Malley , and Wallach. Appeal from the PTAB. Summary : A priority claim must be explicitly stated in the patent and cannot be incorporated by reference from an earlier patent. E*Trade petitioned for IPR of…
