Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
CASE OF THE WEEK D Three Enterprises, LLC v. SunModo Corporation, Appeal Nos. 2017-1909, -1910 (Fed. Cir. May 21, 2018) The Court affirmed a grant of summary judgment of invalidity in favor of patent infringement defendants, based on a lack of written…
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…
CASE OF THE WEEK Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd. , Appeal Nos. 2016-2616, -2656 (Fed. Cir. May 16, 2018) In an appeal from a inter partes review, the Federal Circuit reviewed a PTAB obviousness decision. Importantly,…
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…
Federal Circuit Summary Before Reyna, Linn , and Hughes. Petition for Writ of Mandamus from the District Court for the Eastern District of Texas. Summary : A corporation incorporated in a state having multiple judicial districts “resides” for…
Federal Circuit Summaries Before Reyna, Bryson , and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : A petitioner in an Inter Partes Review may introduce new evidence not included in its petition if: 1) the evidence is a reply to evidence…
Federal Circuit Summary Before Reyna, Linn , and Hughes. On Petition for Writ of Mandamus to the Eastern District of Texas. Summary : Under Federal Circuit law, the plaintiff bears the burden of showing that venue is proper. Further, an arms-length…
Federal Circuit Summary Before Hughes , Reyna, Stoll. Appeal from the District of Minnesota. Summary : Specific personal jurisdiction over a foreign corporation is proper when the foreign corporation allegedly commits acts that infringe a U.S. patent on a…
Federal Circuit Summary Before Wallach , O’Malley, and Schall. Appeal from the Patent Trial and Appeal Board. Summary : PGR petitioner has standing to appeal PTAB decision, where petitioner intended to file an ANDA for the patented product as soon as…
C AS E OF THE WEEK WesternGeco LLC v. Ion Geophysical Corp ., Appeal Nos. 2016-2099, -2100, -2101, -2332, -2333, -2334 (Fed. Cir. May 7, 2018) In an appeal from an inter partes review, the Federal Circuit affirmed the PTAB’s unpatentability…
