Before Reyna, Prost, and Schall. Appeal from the United States District Court for the Northern District of California. Summary: Claims are patent-eligible under 35 U.S.C. § 101 where the written description discloses...more
CELANESE INTERNATIONAL CORPORATION v. ITC - Before Reyna, Mayer, and Cunningham. Appeal from the International Trade Commission. Summary: Process patent claims are invalid under the on-sale bar (35 U.S.C. § 102(a)(1)) when...more
Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary: Parties that own minority shares in the trademark registrant, but do not separately use or possess an ownership right in...more
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Comparing pre-Section 135 bar date claims to amended post-bar date claims in an interference proceeding requires comparing...more
Chewy, Inc. v. International Business Machines Corporation -
Before Moore, Chief Judge, Stoll and Cunningham. Appeal from the United States District Court for the Southern District of New York....more
4/10/2024
/ Abstract Ideas ,
Claim Construction ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Counterclaims ,
IBM ,
Inventions ,
Mobile Apps ,
Online Advertisements ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Section 101 ,
Websites
PFIZER INC. v. SANOFI PASTEUR INC. -
Before Lourie, Bryson, and Stark. Appeal from the Patent Trial and Appeal Board....more
4/10/2024
/ Appeals ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Life Sciences ,
Merck ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pfizer ,
Pharmaceutical Industry ,
Prior Art ,
Sanofi
Volvo Penta of the Americas, LLC, v. Brunswick Corp.
Before Moore, Lourie, and Cunningham. Appeal from the Patent Trial and Appeal Board.
Summary: The Board must consider the combined weight of multiple objective...more
MEDTRONIC, INC. v. TELEFLEX INNOVATIONS -
Before Moore, Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board.
Summary: A close prima facie case of obviousness can be overcome by strong evidence of objective...more
ROKU, INC. v. UNIVERSAL ELECTRONICS, INC. -
Before Newman, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: When an appeal from the PTAB addresses only a factual issue, the substantial...more
GRACE INSTRUMENT INDUS. V. CHANDLER INSTRUMENTS CO.
Before Chen, Cunningham, and Stark. Appeal from the United States District Court for the Southern District of Texas.
Summary: Terms of degree are not indefinite when...more
GOOGLE LLC v. HAMMOND DEVELOPMENT INTERNATIONAL, INC. -
Before Moore, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. -
Summary: Collateral estoppel applies to IPRs where differences in claims do not...more
Johnson & Johnson (“J&J”) announced on November 1, 2022, that it will acquire Abiomed for an upfront payment of $380.00 per share in cash, which equates to about $16.6 billion. The acquisition is expected to be completed in...more
MYLAN PHARMACEUTICALS INC. v. MERCK SHARP & DOHME CORP. -
Before Lourie, Reyna and Stoll. Appeal from the Patent Trial and Appeal Board. -
Summary: “At once envisage” what is missing cannot fill in the gap to establish...more
On June 16, 2022, the World Trade Organization (WTO) agreed to a partial waiver of intellectual property rights related to COVID-19 vaccines. The agreement came on the heels of an all-night negotiating session. The agreement...more
6/23/2022
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Healthcare ,
Life Sciences ,
Patent Ownership ,
Patient Access ,
Pharmaceutical Patents ,
Public Health ,
TRIPS Agreement ,
Vaccinations ,
Waiver of Rights ,
WTO
Traxcell Techs., LLC v. Sprint Commn’s Co. et al Before Prost, O’Malley, and Stoll.
Appeal from the Eastern District of Texas.
Summary: A patentee’s extensive citations to evidence failed to avoid summary judgment of...more
10/14/2021
/ Claim Construction ,
Evidence ,
Indefiniteness ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Sprint ,
Summary Judgment ,
Telecommunications ,
Verizon
Baxter International Inc. (“Baxter”) has agreed to acquire Hillrom for $10.5 billion ($156 per share) in a deal expected to close in 2022. After assumption of debt, the total enterprise value of the deal is approximately...more
ABS GLOBAL, INC. V. CYTONOME/ST, LLC -
Before Prost, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: A patent owner may moot a petitioner’s appeal of an IPR final written decision of no...more
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,...more
Medtronic recently announced that it received clearance from the FDA and CE Mark approval for its LINQ II insertable cardiac monitor (ICM). The announcement notes that ICMs “are small, subcutaneously implanted devices...more
MUNCHKIN, INC. V. LUV N’ CARE LTD -
Before Dyk, Taranto, and Chen. Appeal from the Central District of California.
Summary: when a litigant seeks fees for an exceptional case based on issues that were not fully...more
6/10/2020
/ 35 U.S.C. § 285 ,
Abuse of Discretion ,
Amended Complaints ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Dismissal With Prejudice ,
Exceptional Case ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Unfair Competition
Technical Consumer Prods., Inc. v. Lighting Science Grp Corp.
Before Dyk, Chen, and Stoll; Appeal from the P.T.A.B.
Summary: A term with a narrow antecedent basis in an open ended claim may allow a wider range of prior...more
Amgen, Inc. v. Amneal Pharmas. LLC et al -
Before Newman, Lourie, and Taranto. Appeal from the U.S. District Court for the District of Delaware.
Summary: An examiner amendment may give rise to prosecution history...more
1/10/2020
/ Appeals ,
Bench Trial ,
Doctrine of Equivalents ,
Markush Grouping ,
Patent Examinations ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution ,
Patents ,
Prosecution History Estoppel ,
Reversal
ARTHREX, INC. V. SMITH & NEPHEW ET AL.
Before Dyk, Chen, and Stoll. Appeal from the U.S. Patent and Trademark Office -
Summary: The Board’s invalidity decision does not need to track the exact wording in the IPR...more
Federal Circuit Summary -
Before Prost, Moore, and Wallach. Appeal from the Northern District of Florida.
Summary: When a state entity sues for patent infringement, it waives sovereign immunity as to all defenses,...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