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 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…
Federal Circuit Summary Before Lourie, O’Malley , and Wallach. Appeal from the United States District Court for the Northern District of Texas Summary : When a case is dismissed with prejudice for lack of standing, the defendant is the prevailing…
Federal Circuit Summary Before Moore , Linn, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : A party seeking to swear behind prior art using an inventor’s testimony must proffer corroborating evidence that does not depend solely on…
Federal Circuit Summary Before Moore, Mayer, and Stoll . Appeal from the United States District Court for the District of New Jersey. Summary : Plain claim language will not be narrowed based on a patent’s specification unless the patentee clearly…
CASE OF THE WEEK Vanda Pharm. Inc. v. West-Ward Pharm. Int’l Ltd. et al. , Appeal Nos. 16-2707, 16-2708 (Fed. Cir. 2018)‎ In an ANDA applicant’s appeal from a bench trial judgment of validity and infringement, the Court affirmed the…
Federal Circuit Summary Before Prost, Lourie and Hughes. Appeal from the United States District Court for the District of Delaware. Summary : When another patent for a drug issues after an ANDA is filed, there can still be jurisdiction for an infringement…
Federal Circuit Summary Before Newman, Clevenger, and Wallach . Appeal from the Patent Trial and Appeal Board. Summary : The USPTO has standing to intervene to defend its decision, even when the requestor has withdrawn. Knowles Electronics LLC…
CASE OF THE WEEK Knowles Electronics LLC v. Iancu , Appeal No. 2016-1954 (Fed. Cir. 2018) In an appeal from an inter partes reexamination , the Federal Circuit affirmed a decision by the PTAB invalidating a patent concerning microphones. The case was…
CASE OF THE WEEK Oracle America, Inc. v. Google LLC , Appeal No. 2017-1118, -1202 (Fed. Cir. 2018) In an appeal from a jury trial, the Federal Circuit reversed the District Court’s decision denying Oracle’s motion for JMOL and remanded for a…
