HERITAGE ALLIANCE V. AMERICAN POLICY ROUNDTABLE - Before Prost, Taranto, and Stark. Appeal from the Trademark Trial and Appeal Board. Continuous-use evidence is not necessarily prima facie evidence of acquired distinctiveness...more
SAGE PRODUCTS, LLC v. STEWART [OPINION] - Before Reyna, Cunningham, and Stark. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. The Board did not abuse its discretion by relying on...more
4/23/2025
/ Appeals ,
Claim Construction ,
Expert Testimony ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Popular ,
Prior Art
CERAMTEC GMBH v. COORSTEK BIOCERAMICS LLC - Before Lourie, Taranto, and Stark. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. A utility patent may still be considered strong...more
DOLLAR FINANCIAL GROUP, INC. v. BRITTEX FINANCIAL, INC. [OPINION] - Before Prost, Taranto, and Hughes. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. The zone of natural...more
ALIVECOR, INC. v. APPLE INC. Before Hughes, Linn, and Stark. Appeal from Patent Trial and Appeal Board - A party in a PTAB proceeding forfeits the ability to challenge an opposing party’s discovery obligation violation...more
IQRIS TECHNOLOGIES LLC v. POINT BLANK ENTERPRISES, INC. Before Lourie, Linn, and Stoll. Appeal from the United States District Court for the Southern District of Florida - The district court erred in construing the term “pull...more
Before Dyk, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: An invention is not “publicly disclosed” under 35 USC 102(b)(2)(B) by the inventor’s private sale, even though a private sale may...more
Before Dyk, Prost, and Stark. Appeal from the United States District Court for the District of New Jersey. Summary: Recitations of a computer-implemented method can be an abstract idea and non-eligible under 35 U.S.C. § 101...more
SALIX PHARMACEUTICALS, LTD. v. NORWICH PHARMACEUTICALS., INC. Before Lourie, Chen, and Cunningham. Appeal from the District of Delaware Summary: The Federal Circuit ruled that an ANDA listing an infringing indication cannot...more
Elekta Limited v. Zap Surgical Systems, Inc.
Before: Reyna, Stoll, and Stark. Appeal from the Patent Trial and Appeal Board.
Summary: Patentee’s failure during prosecution to distinguish relevant art provided support...more
SALAZAR V. AT&T MOBILITY LLC -
Before Stoll, Schall, and Stark. Appeal from the United States District Court for the Eastern District of Texas.
Summary: While the indefinite article “a” means “one or more” in open...more
SWAGWAY, LLC v. ITC [REVISED OPINION - PRECEDENTIAL] -
Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission.
Summary: Although the ITC must strictly comply with its rules, failure to do so...more
8/25/2019
/ Abuse of Discretion ,
Administrative Law Judge (ALJ) ,
Appeals ,
Claim Preclusion ,
Consent Order ,
Harmless Error ,
Initial Determination (ID) ,
International Trade Commission (ITC) ,
Section 337 ,
Trademark Infringement ,
Trademarks
Federal Circuit Summaries -
Before Newman, Dyk, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: An injury-in-fact is required to establish Article III standing for judicial review of agency action,...more
2/12/2019
/ Appeals ,
Article III ,
Biosimilars ,
Clinical Trials ,
Estoppel ,
Injury-in-Fact ,
Inter Partes Review (IPR) Proceeding ,
Mootness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Standing
Federal Circuit Summaries -
Before Lourie, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board (“PTAB”).
Summary: Nothing in § 41.41(b)(2) bars a reply brief from addressing new arguments raised in the...more
Federal Circuit Summaries -
Before Dyk, Wallach, and Hughes. Appeal from the United States District Court for the District of Delaware.
Summary: A distribution agreement qualifies as an invalidating “offer for sale”...more
2/7/2018
/ Abbreviated New Drug Application (ANDA) ,
Appeals ,
Generic Drugs ,
Hospira ,
Offers ,
On-Sale Bar ,
Patents ,
Pharmaceutical Patents ,
Remand ,
Reversal ,
Sales & Distribution Agreements