The district court erred by admitting untimely expert testimony on noninfringement and by refusing to grant a new trial after the jury found noninfringement. Trudell Medical International (“Trudell”) sued D R Burton...more
2/14/2025
/ Appeals ,
Claim Construction ,
Daubert Standards ,
Discovery ,
Evidence ,
Expert Testimony ,
Federal Rules of Civil Procedure ,
Intellectual Property Litigation ,
Patent Infringement ,
Patent Litigation ,
Remand ,
Rule of Evidence 702
LUBBY HOLDINGS LLC v. CHUNG -
Before Dyk, Newman, and Wallach. Appeal from the Central District of California.
Summary: Specific charges of infringement by a specific accused product are required to provide actual...more
BAXALTA INC. V. GENENTECH, INC.
Before Moore, Plager, and Wallach. Appeal from the District of Delaware
Summary: A district court erred by interpreting a specification’s description of an “antibody” as a definition,...more
EGENERA, INC. v. CISCO SYSTEMS, INC.
Before Prost, Stoll, and Reyna. Appeal from the United States District Court for the District of Massachusetts.
Summary: A patentee that successfully petitioned to correct a patent’s...more
9/2/2020
/ Claim Construction ,
Denial of Institution ,
Inter Partes Review (IPR) Proceeding ,
Judicial Estoppel ,
Means-Plus-Function ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Remand
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
LIQWD, INC. v. L'OREAL USA, INC.
Before Reyna, Hughes, and Stoll.
Appeal from the Patent Trial and Appeal Board.
Summary: Evidence of copying was relevant to nonobviousness even though the copied feature came from...more
11/2/2019
/ Appeals ,
Disclosure ,
Non-Disclosure Agreement ,
Nonobvious ,
Obviousness ,
Patent Applications ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Post-Grant Review ,
Remand ,
Vacated
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
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
In two recent cases, the Federal Circuit addressed the role of factual questions in resolving patent eligibility under 35 U.S.C. § 101. The first case was Berkheimer v. HP Inc. and the second was Aatrix Software v. Green...more
3/19/2018
/ Appeals ,
Genuine Issue of Material Fact ,
Motion for Reconsideration ,
Motion to Amend ,
Motion to Dismiss ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Reaffirmation ,
Remand ,
Section 101 ,
Summary Judgment ,
Vacated