US SYNTHETIC CORP. v. INTERNATIONAL TRADE COMMISSION - Before Dyk, Chen, and Stoll. Appeal from the U.S. International Trade Commission. The Federal Circuit found claims reciting magnetic properties of a claimed...more
IN RE: XENCOR, INC. Before Hughes, Stark, and Schroeder (sitting by designation). Appeal from the U.S. Patent and Trademark Office, Patent Trial and Appeal Board. To provide adequate written description for a Jepson claim,...more
Before Chen, Bryson, and Stoll. Appeal from United States District Court for the District of Delaware. Summary: Federal patent laws preempted a state-law conversion claim. Inventorship was properly evaluated using a...more
Before Hughes, Stoll, and Cunningham. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Filing an amended complaint does not nullify a dismissal order that was not later...more
Before Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board....more
5/31/2024
/ Design Patent ,
En Banc Review ,
Graham Factors ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Prior Art
Before Dyk, Mayer, and Taranto. Appeal from the Central District of California. Summary: Applying California law, the phrase “entirely on my own time” in an employment agreement was found ambiguous and therefore precluded...more
AXONICS, INC. v. MEDTRONIC, INC.
Before Dyk, Lourie, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: Where a patent owner in an IPR proposes a claim construction for the first time in a patent...more
INTEL CORP. V. PACT XPP SCHWEIZ AG -
Before Newman, Prost, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: Under the “known-techniques” rationale, a motivation to combine two prior art references...more
Before Lourie, Dyk, and Stoll. Appeal from the United States District Court for the District of Delaware.
ALTERWAN, INC. V. AMAZON.COM, INC., AMAZON WEB SERVICES, INC.
Summary: The Federal Circuit declined to reach the...more
APPLE INC. v. VIDAL -
Before Lourie, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of California.
Summary: Judicial review is available to determine whether the PTO...more
DIONEX SOFTRON GMBH v. AGILENT TECHNOLOGIES, INC. -
Before: Reyna, Chen, and Stark. Appeal from the Patent Trial and Appeal Board. -
Summary: The PTAB did not err in considering evidence corroborating actual reduction...more
NATURE SIMULATION SYSTEMS INC. v. AUTODESK, INC. -
Before: Newman, Lourie, and Dyk. Appeal from the Northern District of California. -
Summary: “Unanswered questions” raised about asserted claim terms did not render...more
Summary: A patentee’s allegation that computer method claims made data analysis more efficient, without reference to the function or operation of the computer itself, was not sufficient to overcome a challenge under 35 U.S.C....more
Summary: When a patent claim is subject to adverse determinations of patentability first before the PTO and again after appeal, the claim is not entitled to patent term adjustment for the period of the appeal even if the...more
Summary: An ANDA was held not to infringe asserted claims because the ANDA specifies pH ranges that fall outside of those recited in the asserted claims....more
Summary: When applying for reissue, a patent applicant may not recapture subject matter that was intentionally surrendered to overcome a § 101 rejection....more
UNIVERSITY OF MASSACHUSETTS v. L’ORÉAL S.A.
Before Prost, Mayer, and Taranto. Appeal from the United States District Court for the District of Delaware.
Summary: In claims of two patents regarding skin enhancement,...more
SOUND VIEW INNOVATIONS, LLC v. HULU, LLC -
Before Prost, Mayer, and Taranto. Appeal from the United States District Court for the Central District of California.
Summary: It was improper to find a claim limitation...more
ALMIRALL, LLC v. AMNEAL PHARMACEUTICALS LLC -
Before Lourie, Chen, and Cunningham. Appeal from the Patent Trial and Appeal Board.
Summary: Presumption of obviousness based on overlapping ranges applied where a...more
NATURE SIMULATION SYSTEMS INC. v. AUTODESK, INC.
Before Newman, Lourie, and Dyk. Appeal from the United States District Court for the Northern District of California.
Summary: It was improper for the district court...more
ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC -
Before Moore, Prost, and Stoll. Appeal from the U.S. District Court for the District of North Dakota.
Summary: Enforcing a patent with knowledge that it is invalid can...more
10/18/2021
/ Appeals ,
Attorney's Fees ,
Bad Faith ,
Declaratory Judgments ,
Inequitable Conduct ,
Intellectual Property Protection ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Tortious Interference ,
USPTO
SRI INTERNATIONAL, INC. v. CISCO SYSTEMS, INC.
Before LOURIE, O’MALLEY, and STOLL. Appeals from the United States District Court for the District of Delaware.
Summary: Applying the proper test for willful...more
9/29/2021
/ Appeals ,
Attorney's Fees ,
Bad Faith ,
Cisco ,
Damages ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Remand ,
Willful Infringement
VALVE CORPORATION v. IRONBURG INVENTIONS LTD.
Before Newman, Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board.
Summary: For purposes of authenticating a prior art reference in IPR proceedings, the Board...more
IN RE: SAMSUNG ELECS., CO., LTD.
Before Lourie, Dyk, and Reyna. On Petitions for Writs of Mandamus to the U.S. District Court for the Western District of Texas.
Summary: Manipulation of venue through...more
HYATT v. HIRSHFELD -
Before Reyna, Wallach, and Hughes. Appeal from the United States District Court for the District of Columbia.
Summary: The PTO met its burden to prove prosecution laches for bulk-filed patent...more