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 Lourie , Reyna, and Chen. Appeal from the U.S. District Court for the Eastern District of Texas, Judge J. Rodney Gilstrap. Summary : Filing a terminal disclaimer to overcome an obviousness-type double patenting rejection is…
The PTAB held that all of Genentech’s challenged antibody purification claims were unpatentable as being anticipated, obvious, or both, in an IPR filed by Hospira and Pfizer, Hospira, Inc., v. Genentech, Inc., IPR2016-01837, Paper 40 (P.T.A.B. March…
Federal Circuit Summary Before Newman , Hughes, and Stoll. Appeal from U.S. District Court for the Southern District of New York. Summary : General disclosures in the specification and statements that describe the embodiments as non-limiting do not broaden…
In Polygroup Lim ited v. Willis Electric Co., Ltd., IPR2016-01613, Paper 118 (Feb. 26, 2018), the PTAB granted the patent owner Willis Electric’s motion to amend a claim directed to lighted artificial trees. This decision follows the Federal…
The PTAB dismissed the Saint Regis Mohawk Tribe’s attempt to avoid IPR of patents covering Restasis®, which Allergan transferred to the Tribe in a highly publicized patent deal. See Allergan and the Saint Regis Mohawk Tribe Enter Patent Agreement…
Federal Circuit Summary Before Newman, Wallach , and Chen. Appeal from the Patent Trial and Appeal Board Summary : The Federal Circuit upheld the Patent Trial and Appeal Board’s claim construction in an inter partes reexamination, where the Board…
Successful brands from the United States, and particularly those branded by U.S. celebrities, are often received with similar enthusiasm in other parts of the world. Recently, YEEZY shoes designed by Kanye West made their much anticipated debut to…
Federal Circuit Summary Before Moore, Schall, and O’Malley . Appeal from the Northern District of Illinois. Summary : A plaintiff need not prove its case of patent infringement at the pleading stage. To the extent a defendant disputes the pleaded…
Federal Circuit Summary Before Newman , Bryson, and Moore. Appeal from the Patent Trial and Appeal Board. Summary : Prosecution disclaimer occurred when an applicant explained why claims were amended and the Examiner confirmed the reasons for allowance.…
Federal Circuit Summary Before Moore , Reyna, and Taranto. Appeal from the District Court for the Middle District of Florida. Summary : Allegations in the complaint about how the claimed invention solved problems in the prior art can present factual…
A closely watched case on sovereign immunity, Reactive Surfaces Ltd., LLP, v. Toyota Motor Corp., IPR2017-00572, has now been terminated by the patent owner’s request for adverse judgment. On July 13, 2017, the PTAB dismissed the Regents of the…
On January 12, 2018, Judge David P. Shaw issued an order denying Complainant Wirtgen America, Inc.’s (“Wirtgen America”) motion for summary determination on the economic prong of the domestic industry requirement in Certain Road Milling…
