QUIKTRIP WEST, INC. V. WEIGEL STORES, INC.
Before Lourie, O’Malley, and Reyna. Appeal from the Trademark Trial and Appeal Board.
Summary: When comparing marks under the Dupont factors, the Board may give less weight to...more
NEVILLE v. FOUNDATION CONSTRUCTORS, INC.
Before Lourie, O’Malley, and Chen. Appeal from the United States District Court for the Central District of California.
Summary: The Federal Circuit affirmed a construction of...more
In Re Personal Web Technologies LLC -
Before Wallach, Bryson, and Taranto. Appeal from the United States District Court for the Northern District of California.
Summary: The Kessler doctrine is not limited to cases...more
HOSPIRA, INC. V. FRESENIUS KABI USA, LLC -
Before Lourie, Dyk, and Moore. Appeal from the U.S. District Court for the Northern District of Illinois.
Summary: Evidence of the properties of claimed embodiments may be...more
1/13/2020
/ Admissible Evidence ,
Appeals ,
Extrinsic Evidence ,
Hospira ,
Inherency ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Pharmaceutical Patents ,
Prior Art ,
Reaffirmation
GUANGDONG ALISON HI-TECH CO. V. ITC -
Before Wallach, Hughes, and Stoll. Appeal from United States International Trade Commission.
Summary: A term of degree is not indefinite so long as the written description provides...more
SWAGWAY, LLC V. ITC -
Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission.
Summary: Trademark decisions of the International Trade Commission, like the Commission’s patent decisions, do not...more
On Tuesday, January 22, 2019, the U.S. Supreme Court held in a unanimous decision that, even where the details of the invention are kept confidential, a commercial sale may place the invention “on sale” under the Leahy-Smith...more
1/24/2019
/ America Invents Act ,
Appeals ,
Assignment of Inventions ,
Confidentiality Agreements ,
Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc ,
Inventions ,
On-Sale Bar ,
Patent Applications ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Public Use ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Section 102 ,
Teva Pharmaceuticals ,
Third-Party Relationships
Federal Circuit Summary -
Before Judges Reyna, Bryson, and Stoll. Appeals from the Patent Trial and Appeal Board and the United States District Court for the District of Delaware.
Summary: Non-prior art evidence may...more
10/17/2018
/ Appeals ,
Evidence ,
Multi-Party Litigation ,
Mylan Pharmaceuticals ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
POSITA ,
Prior Art ,
Reaffirmation ,
Sandoz ,
Teva Pharmaceuticals
Federal Circuit Summary -
Before Moore, Linn, and Chen. Appeal from the United States District Court for the District of Delaware.
Summary: A prior art reference does not inherently disclose the elements of a claim...more
7/20/2018
/ Appeals ,
Claim Limitations ,
FDA Approval ,
Jury Trial ,
Nonobvious ,
Orange Book ,
Patent Infringement ,
Patent Invalidity ,
Patent-in-Suit ,
Patents ,
Pharmaceutical Patents ,
Prior Art ,
Stipulations
Federal Circuit Summaries -
Before Moore, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: A party in an inter partes review proceeding may not present new evidence or arguments at oral...more
3/22/2018
/ Appeals ,
Dell ,
Dismissals ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
New Evidence ,
Oral Argument ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Remand