Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Are Continuation Patents Still Viable After a Parent is Cancelled? Patent families are formed of multiple continuation/divisional filings stemming from the same disclosure. Typically, continuation patents present marginally different claim sets. An age old…
Joinder Estoppel Revisited A few weeks back, the federal Circuit handed down a decision in Uniloc 2017 LLC v. Facebook Inc , capping off a complicated procedural history. In its decision, the Court sorted out the estoppel impact of IPRs finishing a few…
CASE OF THE WEEK In Re: Board of Trustees of the Leland Stanford Junior University , Appeal No. 2020-1288 (Fed. Cir. Mar. 25, 2021) The Federal Circuit issued only one precedential decision this week—a companion case from a decision we wrote about…
IN RE: BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY Before Prost, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: The specific combination of purely mathematical steps in a claim are not inventive enough to…
APA Challenge Strikes a Chord I’ve read a number of articles over the past few days that argue since the mandamus on Fintiv failed in Mylan Laboratories Ltd. v. Janssen Pharmaceuticals N.V., that this decision somehow forecloses the relief sought in…
Tomorrow we are releasing our second annual ITC Intelligence Report . This popular report, reviews 335 ITC investigations filed between January 1, 2015 and December 31, 2020 (All rankings are available on the site today and if your firm is a Concierge…
DEPUY SYNTHES PRODUCTS, INC. v. VETERINARY ORTHOPEDIC IMPLANT, INC. Before Prost, Clevenger, and Dyk. Appeal from the Middle District of Florida. Summary: Internal efforts to maintain confidentiality are not enough to establish a confidential relationship…
CASE OF THE WEEK Uniloc 2017 LLC v. Facebook Inc. , Appeal Nos. 2019-1688, -1689 (Fed. Cir. Mar. 9, 2021) In this week’s Case of the Week, Uniloc appealed from two consolidated IPR decisions finding multiple claims unpatentable as obvious. The…
MYLAN LABS. LTD. v. JANSSEN PHARMACEUTICA, N.V. Before Newman, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit lacks jurisdiction over appeals from decisions denying institution of an IPR. However, the Federal…
In Re THE BOARD OF TRUSTEES Before Prost, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: A claim directed to an innovative mathematical process to generate data was a patent ineligible algorithm that lacked any improvement of a…
UNILOC 2017 LLC v. FACEBOOK INC. Before Lourie, Wallach, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: 35 U.S.C. § 314(d) does not preclude Federal Circuit review of the Patent Trial and Appeal Board’s post-institution…
EDGEWELL PERS. CARE BRANDS, LLC v. MUNCHKIN, INC. Before Newman, Moore, and Hughes. Appeal from the U.S. District Court for the Central District of California. Summary: Apparatus claims’ non-functional terms should be construed to cover all of the…
