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
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
BOZEMAN FINANCIAL LLC V. FEDERAL RESERVE BANK -
Before Lourie, Dyk, and Moore. Appeal from the Patent Trial and Appeal Board.
Summary: Banks that are members of the Federal Reserve System but are operationally distinct...more
CUSTOMEDIA TECHNOLOGIES, LLC V. DISH NETWORK CORPORATION, DISH NETWORK LLC.
Before Prost, Dyk, and Moore. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board.
Summary: Claims...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
Before Moore, Clevenger, and Wallach. Appeal from the Patent Trial and Appeal Board.
Summary: Claims directed to providing additional trading information on a prior art display, without more, are patent-ineligible under 35...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 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 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 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 Summaries -
Before Moore, Taranto, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: In a product-by-process claim, terms that can be equally understood as structural or process...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