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 O’Malley , Plager and Taranto. Appeal from the U.S. District Court for the Northern District of California, Judge William H. Alsup. Summary : Historical findings of fact relevant to copyright fair use can be resolved by…
Federal Circuit Summary Before Lourie, Reyna , and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : A prima facie case of obviousness is established where the claimed range abuts a range disclosed in the prior art and there is no evidence…
In re Power Integrations, Inc. , Appeal No. 17-1304 (Fed. Cir. 2018) In In re: Power Integrations, Inc. , the Federal Circuit reversed the Patent Trial and ‎Appeal Board’s (PTAB) rejection of a patent as anticipated . Fairchild Semiconductor…
Federal Circuit Summary Before Newman, O’Malley , and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : When resolving an obviousness challenge, the PTAB cannot invoke “ordinary creativity” of a skilled artisan to supply a…
Federal Circuit Summary Before Moore, Reyna , and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : A party in an int er partes review proceeding may not present new evidence or arguments at oral argument. The Board instituted inter parte s…
Federal Circuit Summary Before Moor, Mayer , and Stoll. Appeal from the patent Trial and Appeal Board Summary : The broadest reasonable interpretation of a claim term cannot be so broad that it is inconsistent with the specification or renders the term…
CASE OF THE WEEK SimpleAir, Inc. v. Google LLC , Appeal No. 2016-2738 (Fed. Cir. 2018) In SimpleAir, Inc. v Google LLC , the Federal Circuit vacated a district court’s motion to dismiss pursuant to Rule 12(b)(6). The District Court had held that…
Federal Circuit Summary Before Newman, Wallach, and Stoll . Appeal from the Patent Trial and Appeal Board. Summary : Disclosure of a species may provide written description support for a claimed genus when the field of invention is a predictable art.…
Federal Circuit Summary Before Dyk, Reyna, and Hughes . Appeal from the Patent Trial and Appeal Board. Summary : Where the Federal Circuit had previously construed the same claim term in an appeal involving a related patent also owned by the patentee in…
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…
Ottah v. Fiat Chrysler , Appeal No. 2017-1842 (March 7, 2018) In Ottah v. Fiat Chrysler , the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement as to certain defendants, and affirmed its Rule 12(b)(6) dismissal…
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…
