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
ANTENNASYS, INC. v. AQYR TECHNOLOGIES, INC.
Before, O’Malley, Bryson, and Reyna. Appeal from the U.S. District Court for the District of New Hampshire -
Summary: The Federal Circuit held that claim construction issues...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
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
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
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
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
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 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
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, 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 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 Moore, Reyna, and Taranto. Appeal from the District Court for the Middle District of Florida.
Summary: Allegations in the complaint about how the claimed invention solved problems in...more
2/22/2018
/ Appeals ,
Federal Rule 12(b)(6) ,
Leave to Amend ,
Motion to Dismiss ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
Remand ,
Section 101 ,
Triable Issue of Fact
Federal Circuit Summaries -
Before Moore, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of Illinois.
Summary: (1) Terms of degree, including “minimal,” may render claims...more
2/14/2018
/ Abstract Ideas ,
Appeals ,
CLS Bank v Alice Corp ,
Indefiniteness ,
Motion for Summary Judgment ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Question of Law ,
Remand ,
Section 101
Federal Circuit Summaries -
Before PROST, WALLACH, and TARANTO. Appeal from the District of Delaware Summary: (1) A party may not avoid inducement based on “substantial non-infringing uses,” and (2) prosecution history...more
11/22/2017
/ Appeals ,
Estoppel ,
Inducement ,
Parent Patents ,
Patent Infringement ,
Patent Prosecution ,
Patent-in-Suit ,
Patents ,
Product Labels ,
Prosecution History Estoppel ,
Sandoz ,
Sanofi ,
Sanofi-Aventis
Judgments and Awards -
On September 25, 2017, a federal court in San Jose, CA awarded the Defendants Google, YouTube, and On2 Technologies $820,321.41 in attorney’s fees. The Court previously held the Plaintiff Max Sound...more