Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged federal circuit opinions · clear
Written by : Daniel Kiang and Dalton A. Couch ALNYLAM PHARMACEUTICALS, INC. v. MODERNA, INC. Before Taranto , Chen, and Hughes. Appeal from the United States District Court for the District of Delaware Summary : Once the high threshold for lexicography is…
Written by : Justin J. Gillett and Bailey R. Arenberg AGILENT TECHNOLOGIES, INC. v. SYNTHEGO CORP. Before Prost , Linn, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Obviousness does not require all claimed limitations to be expressly…
Written by : Justin J. Gillett and Jessie Yang IN RE: PT MEDISAFE TECHNOLOGIES Before Prost, Clevenger, and Stark . Appeal from the Trademark Trial and Appeal Board. Summary: A proposed color mark was found generic where the relevant public perceived the…
Written by : Justin J. Gillett and Oren J. Rosenberg IN RE: VETEMENTS GROUP AG Before Prost, Wallach , and Chen. Appeal from the Trademark Trial and Appeal Board. Summary: A party opposing application of the doctrine of foreign equivalents has the burden…
Written by : Jeremiah S. Helm, Ph.D. and Zachary L. Greenberg ECOFACTOR, INC. V. GOOGLE LLC Before the en banc court, Moore , Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark. Appeal from the United States District Court for the Western…
Written by : Douglas B. Wentzel and Elizabeth "Lizzy" Do RECENTIVE ANALYTICS, INC. v. FOX CORP. Before Dyk , Prost, and Goldberg. Appeal from the United States District Court for the District of Delaware. Summary : The Federal Circuit found that…
Written by : Douglas B. Wentzel and Zachery Rufa FRAUNHOFER-GESELLSCHAFT v. SIRIUS XM RADIO INC. Before Lourie , Dyk, and Reyna. Appeal from the United States District Court for the District of Delaware. Summary : The defense of equitable estoppel requires…
Written by : Jeremiah S. Helm, Ph.D. and Jacob S. Etling United Services Automobile Association v. PNC BANK N.A., Before Dyk, Clevenger, and Hughes . Appeal from the United States District Court for the Eastern District of Texas. Summary : A claim that…
CASE OF THE WEEK Optis Cellular Technology, LLC v. Apple Inc. , Appeal Nos. 2022-1904, -1925 (Fed. Cir. June 16, 2025) In this week’s Case of the Week, the Court of Appeals for the Federal Circuit vacated a jury decision awarding $300,000,000 in…
CASE OF THE WEEK Mitek Systems Inc. v. United Services Automobile Association , Appeal No. 2023-1687 (Fed. Cir. June 12, 2025) In our Case of the Week, the Federal Circuit examined the limits of declaratory judgment jurisdiction for a software supplier…
Alnylam Pharmaceuticals, Inc. v. Moderna, Inc ., Appeal No. 2023-2357 (Fed. Cir. June 4, 2025)‎ In this week’s Case of the Week, the Federal Circuit affirmed a final judgment that Moderna’s mRNA-‎based COVID-19 vaccine did not infringe…
EcoFactor, Inc. v. Google LLC , Appeal No. 2023-1101 (Fed. Cir. May 21, 2025)‎ In its first en banc decision of the year, the Federal Circuit reversed a district court’s admission of expert ‎testimony concerning damages, holding it did not…
