Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
This morning we released our 4th Annual IPR Intelligence Report . This is one of our most popular IP Insight reports. As per our tradition, we covered a five year period from July 1, 2015, through June 30, 2020. During this period, a total of 7,708 IPR…
CASE OF THE WEEK Facebook, Inc. v. Windy City Innovations, LLC , Appeal Nos. 2018-1400 et al. (Fed. Cir. Sept. 4, 2020)‎ The only precedential decision this week was a modified panel decision of a prior precedential opinion following a petition for…
FACEBOOK, INC., V. WINDY CITY INNOVATIONS LLC Before Prost, Plager, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary : The Federal Circuit has jurisdiction to review challenges to the Board's joinder decision in an instituted…
PTAB Invalidation of Original Claims Bars Pre-issue Damages for Reissued Claims A surprisingly underutilized patenting mechanism — the reissue patent application — should be an essential component of any portfolio building practice. The reissue…
NEVILLE v. FOUNDATION CONSTRUCTORS, INC. Before Lourie, O’Malley, and Chen. Appeal from the United States District Court for the Central District of California. Summary: The Federal Circuit affirmed a construction of “end plate” that…
PHYTELLIGENCE, INC. v. WASHINGTON STATE UNIVERSITY Before Prost, Reyna, and Stoll. Appeal from the United States District Court for the Western District of Washington. Summary: Under Washington law, a contract must be definite enough for a court to enforce…
BAXALTA INC. V. GENENTECH, INC. Before Moore, Plager, and Wallach. Appeal from the District of Delaware Summary: A district court erred by interpreting a specification’s description of an “antibody” as a definition, when that description…
BAXALTA INC. V. GENENTECH, INC. Before Moore, Plager, and Wallach. Appeal from the District of Delaware Summary: A district court erred by interpreting a specification’s description of an “antibody” as a definition, when that description…
E GE NERA, INC. v. CISCO SYSTEMS, INC. Before Prost, Stoll, and Reyna. Appeal from the United States District Court for the District of Massachusetts. Summary: A patentee that successfully petitioned to correct a patent’s inventorship by removing a…
CASE OF THE WEEK Baxalta Inc. v. Genentech, Inc. , Appeal No. 2019-1527 (Fed. Cir. Aug. 27, 2020) In this week’s Case of the Week, an appeal from the United States District Court for the District of Delaware, the Federal Circuit deals with issues…
CHRISTY, INC. v. UNITED STATES Before LOURIE, REYNA, and HUGHES. Appeal from the Court of Federal Claims. Summary: The government’s refusal to refund patent issue and maintenance fees after patent claims are canceled during inter partes review does…
RICHARD SOWINSKI v. CALIFORNIA AIR RESOURCES BOARD Before Newman, Lourie, and Schall. Appeal from the District Court for the Northern District of California. Summary: Res judicata may bar subsequent claims regarding conduct substantially similar to conduct…
