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Finite Methods as a Ground for Obviousness

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

A Litigation Position May Be Objectively Unreasonable Even If the Court Denies Summary Judgment

EKO BRANDS, LLC V. ADRIAN RIVERA MAYNEZ ENTERPRISES, INC. ET. AL.  Before Dyk, Reyna, and Hughes. Reyna dissenting in part.  Appeal from the Western District of Washington...more

Orexo AB, Orexo US Inc., v. Actavis Elizabeth LLC

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

IXI IP, LLC v. Samsung Electronics Co., Ltd.

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

JTEKT Corporation v. GKN Automotive LTD.

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

Zup, LLC. v. Nash Manufacturing, Inc.

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

Droplets, Inc. v. E*Trade Bank

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

In Re: Gregory A. Brandt, John B. Letts, Firestone Building Products Company, LLC

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

Federal Circuit Vacates PTAB Claim Construction and Obviousness Conclusion in Eli Lilly’s IPR against LA BioMed

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

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