UNILOC 2017 LLC v. HULU, LLC -
Before O’Malley, Wallach, and Taranto. O’Malley dissenting. Appeal from the Patent Trial and Appeal Board.
Summary: The Board did not exceed its statutory authority in an inter partes...more
B/E AEROSPACE, INC. v. C&D ZODIAC, INC.
Before Lourie, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: Common sense may be invoked in obviousness determination if accompanied by reasoned...more
SHOES BY FIREBUG LLC v. STRIDE RITE CHILDREN'S GROUP -
Before Lourie, Moore, and O’Malley. Appeal from the Patent Trial and Appeal Board.
Summary: In similar claims of two related patents, one preamble was limiting...more
ADIDAS AG v. NIKE, INC.
Before Moore, Taranto, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: A patent challenger can establish standing to appeal a final written decision in an IPR by showing that...more
Summary: When administrative patent judges are unconstitutionally appointed, their decisions in appeals from inter partes reexamination must be vacated, just like their decisions in inter partes review.
Appellee Cisco and...more
SCHWENDIMANN V. ARKWRIGHT ADVANCED COATING, INC.
Before Wallach, Reyna, and O’Malley. Appeal from the United States District Court for the District of Minnesota.
Summary: Exclusionary rights in a patent are a...more
The Decision. On April 20, 2020, the U.S. Supreme Court ruled that decisions by the Patent Trial and Appeal Board (PTAB) to institute inter partes review (IPR) are not appealable, even if such institution decisions may...more
4/24/2020
/ § 314(d) ,
§ 315(b) ,
§314(a) ,
§314(b) ,
America Invents Act ,
Appeals ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
FACEBOOK, INC., V. WINDY CITY INNOVATIONS LLC -
Before Prost, Plager, and O’Malley. Appeal from the Patent Trial and Appeal Board.
Summary: An IPR petitioner may not join itself to an earlier IPR in which it was already a...more
HVLPO2, LLC v. OXYGEN FROG, LLC -
Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida.
Summary: It is an abuse of discretion to permit a witness to testify...more
2/10/2020
/ Abuse of Discretion ,
Admissibility ,
Appeals ,
Discovery ,
Evidence ,
Expert Testimony ,
Expert Witness ,
Judgment As A Matter Of Law ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patents ,
Remand ,
Reversal ,
Rule of Evidence 702
PERSION PHARMACEUTICALS LLC v. ALVOGEN MALTA OPERATIONS LTD.
Before O’Malley, Reyna, and Chen. Appeal from the U.S. District Court for the District of Delaware.
Summary: The FDA’s acceptance of safety data for a...more
12/30/2019
/ Appeals ,
Evidence ,
FDA Approval ,
Motivation to Combine ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Prior Art ,
Reaffirmation
PLASTIC OMNIUM ADVANCED INNOVATION AND RESEARCH V. DONGHEE AMERICA, INC.
Before Reyna, Newman, and Clevenger. Appeal from the U.S. District Court for the District of Delaware.
Summary: The patentee’s lexicography of...more
IDENIX PHARMACEUTICALS LLC v. GILEAD SCIENCES INC.
Before Prost, Newman, and Wallach. Appeal from the United States District Court for the District of Delaware.
Summary: Synthesizing and screening tens of thousands of...more
11/4/2019
/ Claim Construction ,
Claim Limitations ,
Drug Compounding ,
Enablement Inquiries ,
JMOL ,
Motion for JMOL ,
Patent Infringement ,
Patent Validity ,
Patents ,
Popular ,
Section 112 ,
Written Descriptions
AMERICAN AXLE & MANUFACTURING, INC. v. NEAPCO HOLDINGS LLC -
Before Dyk, Moore, Taranto. Appeal from the United States District Court for the District of Delaware.
Summary: Mechanical method claims involving tuning...more
INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL CORP.
Before Prost, Bryson, and Reyna. Appeal from the United States District Court for the District of Maryland.
Summary: The Federal Circuit applied collateral...more
9/13/2019
/ Anticompetitive Behavior ,
Antitrust Violations ,
Appeals ,
Capital One ,
Collateral Estoppel ,
Counterclaims ,
IP License ,
Monopolization ,
Patent Infringement ,
Patents ,
Serial Lawsuit Filers ,
Summary Judgment
MYMAIL, LTD. v. OOVOO, LLC -
Before Lourie, O’Malley and Reyna. Appeal from the United States District Court for the Northern District of California.
Summary: If the parties litigating a § 101 challenge at the pleading...more
ANZA TECHNOLOGY, INC. v. MUSHKIN, INC.
Before Prost, Newman, and Bryson. Appeal from the United States District Court for the District of Colorado.
Summary: Patent infringement claims in an amended complaint may relate...more
ENZO LIFE SCIENCES, INC. v. ROCHE MOLECULAR SYSTEMS, INC.
Before Prost, Reyna, and Wallach. Appeal from the United States District Court for the District of Delaware.
Summary: Broad patent claims were invalid as not...more
WESTECH AEROSOL CORPORATION v. 3M COMPANY -
Before Lourie, Mayer, and Reyna. Appeal from the United States District Court for the Western District of Washington.
Summary: To establish proper venue, a plaintiff must...more
7/11/2019
/ 3M Company ,
Amended Complaints ,
Appeals ,
Frivolous Lawsuits ,
Improper Venue ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Principal Place of Business ,
Venue
IN RE: GLOBAL IP HOLDINGS LLC -
Before Moore, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: Written description support for a claimed genus depends on the criticality or importance of the...more
The Federal Circuit’s 2018 decision in Berkheimer v. HP Inc. was likely the most consequential development in patent eligibility since the Supreme Court introduced its two-part eligibility framework in Alice Corp. v. CLS Bank...more
FORUM US, INC. v. FLOW VALVE, LLC -
Before Reyna, Schall and Hughes. Appeal from the U.S. District Court for the Western District of Oklahoma.
Summary: The original patent on which a broadening reissue patent is based...more
BTG INTERNATIONAL LIMITED v. AMNEAL PHARMACEUTICALS LLC -
Before Wallach, Moore, and Chen. Consolidated appeals from the Patent Trial and Appeal Board and the U.S. District Court for the District of New...more
Federal Circuit Summary -
Before Moore, Reyna, and Wallach. Appeal from the Southern District of California.
Summary: District court improperly held that claims were directed to a natural law where the claims recited a...more
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 Summary -
Before Dyk, Taranto, and Stoll. Appeal from U.S. District Court for the District of Delaware.
Summary: The Federal Circuit lacks jurisdiction to hear an appeal from a district court judgment...more
1/24/2019
/ Appeals ,
Attorney's Fees ,
Breach of Contract ,
Calculation of Damages ,
Covenant Not to Sue ,
Damages ,
Final Judgment ,
Intervenors ,
IP License ,
Jurisdiction ,
Non-Compete Agreements ,
Patent Infringement ,
Patents