Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Agency to Consider Further Public Comment Over the past few months, Congress has been asked to investigate the Patent Trial & Appeal Board’s (PTAB) practice of denying AIA trial petitions in view of competing litigations. On top of that, the agency…
Update: Thanks to one of our readers who discovered an error in our ITC numbers for Q3. We have already updated the article with the correct data. The third quarter of 2020 is over and despite the pandemic, so far this year has been one of the more active…
CASE OF THE WEEK Immunex Corp. v. Sanofi-Aventis U.S. LLC , Appeal Nos. 2019-1749, -1777 (Fed. Cir. Oct. 13, 2020) In our Case of the Week, the Federal Circuit addressed the construction of the term “human antibodies.” In doing so, the Court…
ST. JUDE MEDICAL, LLC v. SNYDERS HEART VALVE LLC Before Newman, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The broadest reasonable interpretation of a claim must be considered in light of the specification. St.…
MMUNEX CORPORATION v. SANOFI-AVENTIS U.S. LLC Before Prost, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Expiration of a patent during appeal from IPR does not trigger claim construction under the Phillips standard when the…
WARSAW ORTHOPEDIC, INC., v. SASSO Before Newman, Schall, and Wallach. Appeal from the United States District Court for the Northern District of Indiana. Summary: A federal court properly exercises its discretion to abstain from deciding declaratory…
CASE OF THE WEEK AntennaSys, Inc. v. AQYR Techs., Inc. , Appeal No. 2019-2244 (Fed. Cir. Oct. 7, 2020) In the only precedential opinion issued by the Federal Circuit this week, the Court declined to reach the merits of a judgment of noninfringement because…
By now, other commentators have posted on this Fed. Cir. decision ( Appeal no. 2019 -1133, Sept. 28, 2020 )—and found it to be a routine reversal of a district court’s relying on “source limitations” to find claims to a recombinant…
ANTENNASYS, INC. v. AQYR TECHNOLOGIES, INC. Before, O’Malley, Bryson, and Reyna. Appeal from the U.S. District Court for the District of New Hampshire Summary: The Federal Circuit held that claim construction issues in a contract dispute did not meet…
Update: After publishing this article on October 7, 2020, several law firms reached out to confirm their actual patent prosecution revenue which helped us discover a bug in our model. The error had resulted in significant underestimation of patent revenue.…
CASE OF THE WEEK GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. , Appeal No. 2018-1976, -2023 (Fed. Cir. Oct. 2, 2020) Our Case of the Week focuses on the question of induced infringement, and particularly induced infringement in the context of…
GLAXOSMITHKLINE LLC v. TEVA PHARMACEUTICALS USA, INC. [OPINION] – PRECEDENTIAL Before Prost, Newman, and Moore. Appeal from the U.S. District Court for the District of Delaware Summary: Evidence of inducement for a method of administering a drug is…
