Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
IN RE: GOOGLE TECHNOLOGY HOLDINGS LLC Before Taranto, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Claim construction arguments are forfeited if not raised before the PTAB. The PTAB sustained the final rejection of Google…
RPX Data Disputes Bias Allegations As I explained a few months back, a due process challenge is pending at the CAFC that challenges the PTAB’s fee model. New Vision Gaming v. SG Gaming Inc. The argument, in a nutshell, is that because the fees for…
C R BARD INC. v. ANGIODYNAMICS, INC. Before Reyna, Schall, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Claims that recited printed matter but arguably included an inventive concept beyond the printed…
Trademark generates approximately 10 percent of the USPTO annual revenue or about $350M. Compared to patents, this is much smaller, but our data shows that more than 15,000 attorneys work on trademark applications every year. USPTO also employs more than…
DONNER TECHNOLOGY, LLC v. PRO STAGE GEAR, LLC Before Prost, Dyk, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A determination as to whether a reference is analogous art to a claimed invention requires, in part, an identification and…
CASE OF THE WEEK Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc. , Appeal No. 2019-2402 (Fed. Cir. Nov. 5, 2020) In our Case of the Week, the Federal Circuit addressed a lingering question about venue following the Supreme…
VALEANT PHARMACEUTICALS v. MYLAN PHARMACEUTICALS Before Newman, O’Malley, and Taranto. Appeal from the District Court of New Jersey Summary: Venue in Hatch-Waxman cases is proper only in districts where actions related to the Abbreviated New Drug…
CHEVRON U.S.A. INC. v. UNIVERSITY OF WYOMING RESEARCH Before Newman, Lourie, and Schall. Appeal from Patent Trial and Appeal Board. Summary: Intrinsic evidence is sufficient support for claim construction in an interference proceeding. In an interference…
CAFC Side Steps 314(a) Controversy on Procedural Grounds As detailed back in September, there were separate attacks launched against the PTAB’s practice of denying AIA trial petitions in favor of advancing district court trial dockets . The first was…
CASE OF THE WEEK In re: Nitro Fluids L.L.C. , Appeal No. 2020-142 (Fed. Cir. Oct. 28, 2020) In the Court’s only precedential patent opinion this week, the Federal Circuit granted a mandamus petition vacating the district court’s denial of a…
CASE OF THE WEEK TecSec, Inc. v. Adobe, Inc. , Appeal Nos. 2019-2192, -2258 (Fed. Cir. Oct. 23, 2020) In our Case of the Week, the Federal Circuit issued a wide-ranging opinion following three previous appeals in the same case and a jury trial on remand.…
The U.S. Court of Appeals in the Second Circuit found in favor of Costco in the latest chapter of an over seven-year legal battle between Tiffany and Co. (“Tiffany’s”) and Costco Wholesale Corporation (“Costco”). A three judge…
