Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Amicus Briefing May Help Get SCOTUS Attention on Growing 101 Morass In one of the more closely-watched cases involving patent eligibility, American Axle v. Neapco, Judge Moore recently highlighted how “bitterly divided” the Federal Circuit is…
CASE OF THE WEEK Rain Computing, Inc. v. Samsung Electronics America, Inc. , Appeal Nos. 2020-1646, -1656 (Fed. Cir. Mar. 2, 2021) Our Case of the Week focuses on the issue of indefiniteness, and particularly, terms that are construed as being subject to…
BAYER HEALTHCARE LLC v. BAXALTA INC. Before Newman, Linn, and Stoll. Appeal from the District of Delaware. Summary: In upholding a $173 million dollar award, the Federal Circuit permitted a damages expert to present a range of reasonable potential royalty…
RAIN COMPUTING, INC. v. SAMSUNG ELECTRONICS CO. LTD. Before Lourie, Dyk, and Moore. Appeal from the United States District Court for the District of Massachusetts. Summary: The structure for performing a function of a means-plus-function term may not be a…
CASE OF THE WEEK SynQor, Inc. v. Vicor Corp. , Appeal No. 2019-1704 (Fed. Cir. Feb. 22, 2021) In this week’s Case of the Week, the Federal Circuit held that common law collateral estoppel could arise from a factual determination made in an inter…
BITMANAGEMENT SOFTWARE GMBH v. UNITED STATES Before NEWMAN, DYK, and O’MALLEY, Circuit Judges. Appeal from the United States Court of Federal Claims. Summary: The U.S. Navy infringed Bitmanagement’s software copyright by copying its software…
Inconsistency Across Related Cases is Precluded When challenging related patents at the Patent Trial & Appeal Board (PTAB), it is not uncommon to present similar grounds of unpatentability across related filings— for example, where the claim sets are…
Last year we wrote about the impact of the pandemic on the US patent activity and the patent prosecution practice ( Patexia Insight 79 ). We estimated a drop of 2 to 4 percent in the filing activity in 2020 and 2021, mainly due to the weakening global…
SYNQOR, INC. v. VICOR CORPORATION Before Dyk, Clevenger, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A finding during inter partes reexamination that two references would not be combined precluded a finding of obviousness based on…
CASE OF THE WEEK John Bean Technologies Corporation v. Morris & Associates, Inc. , Appeal Nos. 2020-1090, -1148 (Fed. Cir. Feb. 19, 2021) Our Case of the Week this week focuses on the doctrine of intervening rights, a doctrine that is rarely visited by the…
JOHN BEAN TECHNOLOGIES CORP. v. MORRIS & ASSOCIATES, INC. Before, Lourie, Reyna, and Wallach. Appeal from the U.S. District Court for the Eastern District of Arkansas Summary: Recoupment of monetary investment is not the sole factor a court must consider,…
CANFIELD SCIENTIFIC, INC. v. MELANOSCAN, LLC Before Newman, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s refusal to consider presented arguments and evidence can be a misapplication of the law of obviousness.…
