Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
What is “Materially Identical?” The doctrine of issue preclusion can prevent an issue previously litigated at the PTAB from being re-litigated in a later proceeding, such as in the district court. In order for issue preclusion to apply, a…
CASE OF THE WEEK Chemours Company FC, LLC v. Daikin Industries, Ltd. , Appeal Nos. 2020-1289, -1290 (Fed. Cir. July 22, 2021) In this week’s Case of the Week, the Federal Circuit reversed a PTAB decision in consolidated IPRs that two patents were…
Arthrex Information Updated The USPTO requested feedback on the interim Director review process and, in response to that feedback, has updated the Arthrex Q&As . In response to questions from the public, the current update revises several existing Q&As and…
CASE OF THE WEEK BOT M8 LLC v. Sony Corporation , Appeal No. 2020-2218 (Fed. Cir. July 13, 2021) In this week’s Case of the Week, the Federal Circuit addressed the stringency of pleading requirements alleging patent infringement. At issue in the case…
Pursuing Different Constructions Before the PTAB & Court? Since the PTAB started applying the Philips standard for claim construction, petitioners have put a lot more thought into their proposed claim constructions. This is because it is no longer possible…
BOT M8 LLC v. SONY CORPORATION OF AMERICA Before Dyk, Linn, and O’Malley. Appeal from the United States District Court for the Northern District of California Summary: The district court’s conclusion that allegations of infringement were not…
Written by : Tom Cowan The U.S. Patent and Trademark Office ( USPTO ) allows a patent applicant to pay reduced fees if it qualifies as a “small entity.” Many types of filing fees are reduced by 50% . These savings can be important for companies…
Patent litigation remained strong in the second quarter of 2021. District court litigation, in particular, increased 11% in Q2 compared to Q1. Inter-Partes Review also went up 17% in Q2. This week, we will look at the IP trends in the first half of 2021 as…
CASE OF THE WEEK In re: Samsung Electronics Co., Ltd., et al. , Appeal Nos. 2021-139, -140 (Fed. Cir. June 30, 2021) In this week’s Case of the Week, the Federal Circuit granted mandamus petitions filed by Samsung and LG Electronics, directing that…
MINERVA SURGICAL, INC. v. HOLOGIC, INC., et al. Supreme Court of the United States. Opinion of the Court written by Justice Kagan. Justice Alito filed a dissenting opinion. Justice Barrett filed a dissenting opinion, joined by Justices Thomas and Gorsuch.…
Back in March we published our second annual ITC Intelligence Report . This week we are going to cover some of the leading ITC firms in 2021 as evaluated in our annual report. The players in this area are quickly evolving and even since we published our…
IN RE: SAMSUNG ELECS., CO., LTD. Before Lourie, Dyk, and Reyna. On Petitions for Writs of Mandamus to the U.S. District Court for the Western District of Texas. Summary: Manipulation of venue through pre-litigation actions can lead to transfer of venue.…
