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, O’Malley, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Anticipation is not proven by multiple, distinct teachings in a single prior art document that a skilled artisan might somehow combine…
In the recent Two-Way Media v. Comcast decision, the Federal Circuit affirmed a district court’s holding that evidence of non-obviousness was irrelevant to patent eligibility under the Supreme Court’s two-step Alic e framework.[1] The Federal…
Federal Circuit Summary Before NEWMAN, CHEN , and HUGHES. Appeal from the Patent Trial and Appeal Board. Summary: In inter partes review, the patent challenger bears the burden of proving that proposed amended claims are unpatentable. This burden applies…
TRAVEL SENTRY, INC., v. DAVID A. TROPP Before Lourie, O’Malley , and Taranto. Appeal from the United States District Court for the Eastern District of New York. Summary : For divided infringement under § 271(a), an accused infringer does not…
The PTAB issued an order stating that it would grant Patent Owner’s motion to amend claims upon Patent Owner accepting further claim amendments suggested by the judges in Taiwan Semiconductor Manufacturing Co. Ltd. v. Godo Kaisha IP Bridge 1 ,…
Federal Circuit Summary Before Dyk, Moore, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: The bar in § 2(a) of the Lanham Act against registering immoral or scandalous trademarks is an unconstitutional restriction of free speech…
Federal Circuit Summary Summary: Even if a patentee’s initial complaint was reasonable, the patentee can be liable for attorney fees under 35 U.S.C. § 285 if it does not reassess the merits of its case in view of new controlling law. In December…
Federal Circuit Summary Before Moore, Plager, and Stoll. Appeal from the United States District Court for the Southern District of Florida. Summary: In challenging compliance with the marking requirement of § 287(a), an accused infringer need only…
On November 16, 2017, the USPTO issued new procedures ( “ Standard Operating Procedure 9” ) for governing cases remanded from the Federal Circuit. These procedures are applicable to all decisions remanded from the Federal Circuit to the PTAB,…
Federal Circuit Summaries Before PROST, WALLACH, and TARANTO. Appeal from the District of Delaware Summary: (1) A party may not avoid inducement based on “substantial non-infringing uses,” and (2) prosecution history estoppel does not apply to…
The USPTO announced that the official fees for IPR and PGR will increase significantly starting on January 16, 2018. See 82 Fed. Reg. 52780, 52807 (Nov. 14, 2017). The IPR petition request fee will increase $6,500 (from $9,000 to $15,500) and the…
On October 16, 2017, the Federal Circuit affirmed the district court’s ruling that the claims in Secured Mail Solutions LLC, v. Universal Wilde, Inc . (“Secured Mail”) were directed to patent-ineligible subject matter under 35 U.S.C.…
