VECTURA LIMITED v. GLAXOSMITHKLINE LLC -
Before Prost, Bryson, and Wallach. Appeal from the United States District Court for the District of Delaware
Summary: Distinguishing prior art based on the structure of the...more
PACKET INTELLIGENCE LLC v. NETSCOUT SYSTEMS, INC.
Before Lourie, Reyna, and Hughes. Appeal from U.S. District Court for the Eastern District of Texas -
Summary: The defendant’s infringement of method claims through...more
CIENA CORPORATION v. OYSTER OPTICS, LLC -
Before Moore, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: Affirmatively petitioning for IPR waives the petitioner’s Appointments Clause...more
UBER TECHNOLOGIES, INC. v. X ONE, INC.
Before Prost, Dyk, and Wallach. Appeal from the U.S. Patent and Trademark Office, Patent Trial and Appeal Board.
Summary: Because a mapping technique must be performed on either a...more
INTELLECTUAL VENTURES I LLC v. TREND MICRO INCORPORATED -
Before Dyk, Taranto, and Stoll. Appeal from the Delaware District Court
Summary: An exceptional case finding may be based on a single isolated act, but the court...more
THE CHAMBERLAIN GROUP, INC. v. ONE WORLD TECHNOLOGIES, INC.
Before Dyk, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: New arguments may be raised during PTAB oral hearings so long as they...more
COLUMBIA SPORTSWEAR v. SEIRUS INNOVATIVE ACCESSORIES -
Before Lourie, Moore, and Stoll. Appeal from the U.S. District Court for Southern District of California.
Summary: An accused infringer’s use of ornamental logos...more
IRIDESCENT NETWORKS, INC. v. AT&T MOBILITY, LLC -
Before Prost, Reyna and Taranto. Appeal from the U.S. District Court for the Eastern District of Texas -
Iridescent sued AT&T and Ericsson for infringement of a patent...more
Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Middle District of Florida.
Summary: Asserting the district court’s claim construction prevented consideration of additional prior art,...more
Federal Circuit Summary -
Before Lourie, Bryson, and Wallach. Appeal from the Patent Trial and Appeal Board.
Summary: A party joined to an inter partes review has the right to appeal the Board’s final written decision...more
2/5/2019
/ Appeals ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Joinder ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Right To Appeal ,
SAS Institute Inc. v Iancu ,
Standing ,
Waivers
Federal Circuit Summary -
Before Newman, Mayer, and Stoll. Appeal from the Trademark Trial and Appeal Board.
Summary: Words that are primarily a surname can be registered as trademarks if they have acquired secondary...more
Federal Circuit Summary -
Before Prost, Moore, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: Omitting a transition phrase between the preamble and the body of a claim does not cause terms in the...more
Federal Circuit Summary -
Before Prost, Moore, and Reyna. Appeal from the Patent Trial and Appeal Board
Summary: Removing the priority claim of one application in a chain can affect the ability of pending and...more
Federal Circuit Summary -
Before Newman, Hughes, and Stoll. Appeal from the United States District Court for the District of Delaware
Summary: Objective indicia of nonobviousness cannot be dismissed merely because all...more
9/14/2018
/ Actavis Inc. ,
Appeals ,
Generic Drugs ,
Hatch-Waxman ,
Investigational New Drug Application (IND) ,
Nonobvious ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patents ,
Pharmaceutical Patents ,
Remand ,
Reversal
Federal Circuit Summary -
Before O’Malley, Reyna, and Hughes. Appeal from the Trademark Trial and Appeal Board.
Summary: Courts should not give too much weight to evidence purporting to show a lack of actual confusion...more
9/12/2018
/ Affidavits ,
Appeals ,
Consumer Confusion ,
DuPont Factors ,
Ex Parte ,
Goods or Services ,
Reaffirmation ,
Substantial Evidence ,
Substantially Similar ,
Trademark Trial and Appeal Board ,
Trademarks
Federal Circuit Summary -
Before O’Malley, Mayer, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: Claims may be rejected under 35 § U.S.C. 103 based on implicit disclosures of a prior art reference....more
9/11/2018
/ Appeals ,
Apple ,
Motivation to Combine ,
Obviousness ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reaffirmation ,
Samsung ,
Section 103 ,
Software Patents ,
Substantial Evidence Standard
Federal Circuit Summary -
Before Prost, Dyk, and O’Malley. Appeal from the Patent and Trial Appeal Board.
Summary: An IPR petitioner lacks standing to appeal an adverse decision by the Board if it sells no infringing...more
8/8/2018
/ Appeals ,
Article III ,
Injury-in-Fact ,
Inter Partes Review (IPR) Proceeding ,
Noninfringement ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Standing
Federal Circuit Summary -
Before Frost, Newman, and Lawrie. Appeal from the U.S. District Court for the Eastern District of Texas.
Summary: A weak showing of secondary considerations is insufficient to create a genuine...more
Federal Circuit Summary -
Before Prost, Moore, and Reyna. Appeal from the United States District Court for the District of Massachusetts
Summary: A patent claim having multiple permutations is only enabled if each and...more
Federal Circuit Summaries -
Before Lourie, Dyk, and Hughes. Appeal from the United States District Court for the Central District of California
Summary: (1) The public use bar is not triggered by experimental use...more
7/13/2018
/ Appeals ,
Enhanced Damages ,
Experimental Use Exception ,
Jury Trial ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Public Use ,
Remand ,
Reversal ,
Willful Infringement
Federal Circuit Summaries -
Before Newman, Dyk, and Chen. Appeal from the District of Colorado.
Summary: (1) The Federal Circuit’s separate affirmance of a PTAB decision that a patent in suit is invalid renders an...more
5/31/2018
/ Appeals ,
Calculation of Damages ,
Collateral Estoppel ,
Concurrent Litigation ,
Jury Verdicts ,
Mootness ,
Patent Invalidity ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patent-in-Suit ,
Patents
Federal Circuit Summaries -
Before Moore, Hughes, and Stoll. Appeal from the United States District Court for the District of North Dakota.
Summary: A district court must articulate a reasonable basis for denying...more
Federal Circuit Summaries -
Before Prost, Reyna, and Wallach. Appeal from the United States District Court for the Eastern District of Arkansas.
Summary: Pre-reexamination conduct cannot be a basis for equitable...more
Federal Circuit Summaries -
Before Dyk, O’Malley, and Wallach. Appeal from the PTAB.
Summary: A priority claim must be explicitly stated in the patent and cannot be incorporated by reference from an earlier patent. ...more
Federal Circuit Summaries -
Before Lourie, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: A prima facie case of obviousness is established where the claimed range abuts a range disclosed in...more