Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
NEW SUPREME COURT RULING Minerva Surgical, Inc. v. Hologic, Inc. , et al, No. 20-440 (S. Ct. June 29, 2021) The Supreme Court issued a decision today upholding the validity of the doctrine of assignor estoppel and clarifying its proper limits. The Court…
U.S. v. Arthrex, Inc. Before the United States Supreme Court. Majority opinion by Chief Justice Roberts. On writ of certiorari to the United States Court of Appeals for the Federal Circuit. Summary: A statute preventing the PTO Director from reviewing IPR…
NEW SUPREME COURT RULING United States v. Arthrex, Inc., et al , Appeal No. 2019-1434 (Fed. Cir. June 21, 2021) The Supreme Court issued its long-awaited decision today on the constitutionality of the Patent Trial and Appeal Board (PTAB). The Court held…
Tomorrow, we are releasing our inaugural Trademark Prosecution Intelligence Report . Similar to our other Insight Reports, for this, we evaluated more than 2.6 million trademark applications filed or registered from January 1, 2016 to December 31, 2020. As…
CASE OF THE WEEK Ronald Chandler v. Phoenix Services LLC , Appeal No. 2020-1848 (Fed. Cir. June 10, 2021) In this week’s Case of the Week, the Federal Circuit addressed the ongoing question of its subject matter jurisdiction over cases involving…
On June 3, 2021, Conformis continued its patent enforcement efforts involving patient-specific technologies by filing suit against Bodyhub and Exactech in the Middle District of Florida. In a first complaint, filed against Exactech, Conformis accused…
Tomorrow, we are releasing our Third Annual Patent Prosecution Intelligence Report , where we have analyzed the patent prosecution data for five consecutive years (2016-2020), covering various statistics related to the USPTO, Technology Centers, Art Units,…
CASE OF THE WEEK Gilbert P. Hyatt v. Andrew Hirshfeld , Appeal Nos. 2018-2390, -2391, -2392, 2019-1038, -1039, -1049, -1070 (Fed. Cir. June 1, 2021) This week’s Case of the Week explores a long-running dispute between controversial inventor Gilbert…
The TTAB has affirmed a refusal to register the trade dress configuration mark (see below) of the popular Timberland boot, a wardrobe staple in hip-hop culture ( see The World is Yours by Nas), stating the configuration failed to attain acquired…
Next week we are going to release our Third Annual Patent Intelligence Report where we analyze the patent prosecution data, providing different statistics related to the USPTO, Technology Centers, Art Units, Examiners, Law Firms and Corporations . Last…
CASE OF THE WEEK Bio-Rad Laboratories, Inc. v. International Trade Commission , Appeal Nos. 2020-1475, -1605 (Fed. Cir. May 28, 2021) In this week’s Case of the Week, the Federal Circuit considered an appeal from the International Trade Commission…
BIO-RAD LABORATORIES, INC. v. ITC Before Newman, Lourie, and Dyk. Appeal from the ITC. Summary: Patentees cannot escape the bounds of their claims by promoting oversimplified characterizations of those claims. Bio-Rad brought an ITC action against 10X…
