Before Lourie, Hughes, and Stark. Appeal from the U.S. District Court for the Eastern District of Texas. Summary: An infringement judgment is only sufficiently “final” to be immune from a later finding of unpatentability if...more
PARUS HOLDINGS, INC. V. GOOGLE LLC -
Before Lourie, Bryson, and Reyna. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board.
Summary: PTAB did not err in declining to consider...more
LG ELECTRONICS INC. v. IMMERVISION INC.
Before Stoll, Cunningham, and Newman, Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board.
Summary: Where a reference contains an “obvious”...more
7/13/2022
/ Appeals ,
Clerical Errors ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
LG Electronics ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
POSITA
APPLE, INC. v. QUALCOMM, INC.
Before Newman, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: Apple lacked standing to appeal an IPR decision upholding patents that Apple licenses from...more
11/15/2021
/ Appeals ,
Apple ,
Article III ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
License Agreements ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Qualcomm ,
Standing
VIDSTREAM LLC V. TWITTER, INC.
Before Newman, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: Evidence of a prior art reference’s publication date submitted after an IPR petition may be...more
ALACRITECH, INC. V. INTEL CORP., CAVIUM, LLC, DELL, INC.
Before Stoll, Chen, and Moore. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB’s obviousness determination must meet the Administrative Procedure...more
FITBIT, INC. v. VALENCELL, INC.
Before Newman, Dyk, and Reyna. Appeal from Patent Trial and Appeal Board.
Summary: Notwithstanding its rejection of the Petitioner’s proposed claim construction, the PTAB may not end an...more
IN RE: CHRISTOPHER JOHN RUDY -
Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: The Patent and Trademark Office’s October 2019 Revised Patent Subject Matter Eligibility...more
Technical Consumer Prods., Inc. v. Lighting Science Grp Corp.
Before Dyk, Chen, and Stoll; Appeal from the P.T.A.B.
Summary: A term with a narrow antecedent basis in an open ended claim may allow a wider range of prior...more
TELEFONAKTIEBOLAGET LM ERICSSON v. TCL CORPORATION -
Before NEWMAN, LOURIE, and CLEVENGER. Appeal from the Patent Trial and Appeal Board.
Summary: Publications shelved in publicly accessible libraries may be publicly...more
11/11/2019
/ Appeals ,
Declaration ,
Obviousness ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Printed Publications ,
Prior Art ,
Reaffirmation ,
Reversible Error
Federal Circuit Summary -
Before Lourie, O’Malley, Reyna. Appeals from the Patent Trial and Appeal Board, United States District Court for the Northern District of West Virginia, and United States District Court for the...more
2/26/2019
/ Appeals ,
Client Representation ,
Conflicts of Interest ,
Disqualification ,
Model Rules ,
Parent Corporation ,
Patent Trial and Appeal Board ,
Rules of Professional Conduct ,
Subsidiaries ,
Trademark Infringement ,
Trademark Litigation
Federal Circuit Summary -
Before Lourie, Dyk and Taranto. Consolidated Appeals from the Patent Trial and Appeal Board and the Southern District of California.
Summary: A person is a joint inventor of the anticipating...more
2/4/2019
/ Anticipation ,
Appeals ,
Claim Construction ,
Inter Partes Review (IPR) Proceeding ,
Joint Inventors ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reaffirmation ,
Reversal ,
Section 102 ,
Summary Judgment
Federal Circuit Summary -
Before Judges Reyna, Bryson, and Stoll. Appeals from the Patent Trial and Appeal Board and the United States District Court for the District of Delaware.
Summary: Non-prior art evidence may...more
10/17/2018
/ Appeals ,
Evidence ,
Multi-Party Litigation ,
Mylan Pharmaceuticals ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
POSITA ,
Prior Art ,
Reaffirmation ,
Sandoz ,
Teva Pharmaceuticals
Federal Circuit Summary -
Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB may initially accept an IPR petitioner’s identification of real-parties-in-interest, but...more
9/10/2018
/ Appeals ,
Burden of Persuasion ,
Burden-Shifting ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Real Party in Interest ,
Rebuttable Presumptions ,
Remand ,
Software Patents ,
Time-Barred Claims ,
Vacated
Federal Circuit Summary -
Before Dyk, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: A two-dimensional drawing of a three-dimensional object may meet the enablement and definiteness...more
Federal Circuit Summary -
Before Wallach, Chen, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: A party may not be time-barred from instituting an IPR despite having a business relationship with a...more
5/11/2018
/ § 315(b) ,
Appeals ,
Inter Partes Review (IPR) Proceeding ,
Jury Trial ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Privity of Contract ,
Real Party in Interest ,
Substantial Evidence Standard ,
Time-Barred Claims
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
Federal Circuit Summaries -
Before Lourie, O’Malley, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: Evaluation of “teaching away” requires consideration of whether a reference “criticize[s],...more
2/12/2018
/ Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Evidence ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reaffirmation ,
Reversal
The Federal Circuit affirmed the PTAB’s final written decision holding that claims directed to Novartis’s multiple sclerosis drug Gilenya were obvious in Novartis AG v. Torrent Pharmaceuticals. Ltd., No. 2016-1352 (Fed. Cir....more