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
GENENTECH, INC. v. HOSPIRA, INC.
Before Prost, Newman, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: Prior art disclosing a temperature range that partially overlaps with the claimed temperature...more
ALLERGAN SALES, LLC v. SANDOZ, INC.
Before Prost, Newman, and Wallach. Appeal from the United States District Court for the District of New Jersey.
Summary: A “wherein” clause can be limiting if it is material to...more
ELBIT SYSTEMS LAND AND C4I LTD. v. HUGHES NETWORK SYSTEMS, LLC -
Before Taranto, Mayer, and Chen. Appeal from the United States District Court for the Eastern District of Texas.
Summary: Neither 28 U.S.C. § 1295 nor 28...more
Federal Circuit Summary -
Before Prost, Reyna, and Taranto. Appeal from the U.S. District Court for the District of Maryland.
Summary: An abstract idea cannot be used to supply an inventive concept that renders a claim...more
On January 30, 2019, the luxury jewelry suppliers Van Cleef & Arpels filed suit in the United States District Court for the Southern District of New York against Nice Ice Fine Jewelers, LLC (“Defendant”). Van Cleef & Arpels’...more
3/27/2019
/ Attorney's Fees ,
Common Law Claims ,
Damages ,
Dilution ,
Fashion Branding ,
Fashion Design ,
Federal Trademark Register ,
Lanham Act ,
Likelihood of Confusion ,
Permanent Injunctions ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
Unfair Competition
Garmin International, Inc. recently announced a collaboration with ActiGraph to create health and activity monitoring solutions for academic research, clinical trials, and remote patient monitoring. The collaboration will...more
Federal Circuit Summary -
Before Prost, Schall, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: The plain language of 35 U.S.C. § 311(a) unambiguously leaves no room for assignor estoppel to apply in...more
11/13/2018
/ 35 U.S.C. § 311(a) ,
Appeals ,
Assignor Estoppel ,
Claim Construction ,
Cross-Appeals ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Validity ,
Patents ,
Reaffirmation ,
Remand ,
Reversal
Federal Circuit Summary -
Before Dyk, Moore, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: Tribal sovereign immunity does not shield Indian Tribe owned patents from IPR. ...more
7/25/2018
/ Adjudicatory Process ,
Administrative Agencies ,
Administrative Proceedings ,
Allergan Inc ,
Appeals ,
Enforcement Actions ,
Generic Drugs ,
Inter Partes Review (IPR) Proceeding ,
IP Assignment Agreements ,
Motion to Dismiss ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Sovereign Immunity ,
Tribal Governments
Federal Circuit Summaries -
Before Newman, Clevenger, and Wallach. Appeal from the Patent Trial and Appeal Board.
Summary: The USPTO has standing to intervene to defend its decision, even when the requestor has...more
The U.S. Food and Drug Administration (FDA) recently authorized 23andMe to market its Personal Genome Service Genetic Health Risk Report for BRCA1/BRCA2 (Selected Variants). According to an FDA news release, the approved...more
Akili Interactive recently announced results of a trial on the company’s digital medicine product, AKL-T01. According to FierceBiotech, Akili plans to file AKL-T01 with the U.S. Food and Drug Administration (FDA) for...more