AMNEAL PHARMACEUTICALS LLC v. ALMIRALL, LLC -
Before Dyk, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: While the Federal Circuit may be able to award fees under Section 285 for work...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
GOLDEN v. U.S.
Before O’Malley, Mayer, and Wallach. Appeal from the United States Court of Federal Claims.
Summary: (1) Patent infringement claims against the government must be brought under 28 U.S. § 1498, not as a Fifth...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
SAMSUNG ELECTRONICS CO., LTD. v. INFOBRIDGE PTE. LTD.
Before Newman, Schall, and O’Malley. Appeal from the Patent Trial and Appeal Board.
Summary: A reference must be publicly accessible, not actually accessed, before...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 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 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 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
En banc, Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: The Federal Circuit can review the Board’s decision whether an IPR is time barred under § 315(b)....more
The Federal Circuit held that a rat study in a provisional application and a conversion method in an uncited reference did not support the claimed human dosage form in Los Angeles Biomed. Research Inst. v. Eli Lilly & Co.,...more