BIO-RAD LABORATORIES, INC. v. 10X GENOMICS INC.
Before Newman, O’Malley, and Taranto. Appeal from the United States District Court for the District of Delaware.
Summary: Where elements of preamble are limiting,...more
FASTSHIP, LLC v. US -
Before Dyk, Wallach, and Chen. Appeal from the United States Court of Federal Claims.
Summary: A Court of Claims fee award under 28 U.S.C. § 1498(a), turns on whether the government’s litigation...more
ODYSSEY LOGISTICS AND TECH. v. IANCU -
Before Lourie, Reyna and Hughes. Appeal from the United States District Court for the Eastern District of Virginia.
Summary: PTO procedural actions are not appealable before the...more
GRIT ENERGY SOLUTIONS, LLC v. OREN TECHNOLOGIES, LLC -
Before Prost, Newman, Wallach. On appeal from The Patent Trial and Appeal Board.
Summary: IPR petitioner has standing to appeal an adverse Board decision even...more
UNILOC USA, INC. v. LG ELECTRONICS USA, INC.
Before Moore, Reyna, and Taranto. On appeal from the District Court for the Northern District of California.
Summary: A claim is not abstract where it is directed to an...more
GS CLEANTECH CORP. v. ADKINS ENERGY LLC -
Before, Reyna, Wallach, and Hughes. Appeal from the District Court for the Northern District of Illinois.
Summary: Withholding and obscuring evidence of a pre-critical date...more
USAA filed multiple patent infringement lawsuits against Wells Fargo, alleging widespread infringement of USAA’s patented technologies on remote check deposits for mobile banking systems. Last November, a jury in a first case...more
PERSONAL AUDIO, LLC v. CBS CORPORATION -
Before Moore, Reyna, and Taranto. Appeal from the United States District Court for the Eastern District of Texas.
Summary: The Federal Circuit has exclusive jurisdiction to hear...more
1/14/2020
/ Appeals ,
Concurrent Litigation ,
Conflicting Judgments ,
Exclusive Jurisdiction ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Reaffirmation ,
Trial Court Orders
AMGEN INC. v. HOSPIRA, INC.
Before Moore, Bryson, and Chen. Appeal from the United States District Court for the District of Delaware.
Summary: Biological engineering activity that would otherwise constitute patent...more
12/19/2019
/ Amgen ,
Appeals ,
Biologics ,
Damages ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Hospira ,
Jury Trial ,
Method of Manufacture ,
Patent Infringement ,
Patents ,
Pre-approval ,
Reaffirmation ,
Safe Harbors ,
Substantial Evidence Standard
AIRBUS S.A.S. v. FIREPASS CORPORATION
Before Lourie, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: Whether an asserted prior art reference is reasonably pertinent to the particular problem...more
11/12/2019
/ Analogous Art ,
Appeals ,
Evidence ,
Inter Partes Reexamination ,
Inventions ,
Patent Examinations ,
Patent Trial and Appeal Board ,
Prior Art ,
Reversal ,
Reversible Error ,
Vacated
HZNP Medicines LLC, Horizon Pharma USA, Inc. v. Actavis Laboratories UT, Inc.
Before Prost, Newman, and Reyna. Appeal from the District Court for the District of New Jersey.
Summary: Claims using “consisting...more
10/16/2019
/ Abbreviated New Drug Application (ANDA) ,
Appeals ,
Cross-Appeals ,
Generic ,
Indefiniteness ,
Noninfringement ,
Nonobvious ,
Patent Infringement ,
Patents ,
Pharmaceutical Patents ,
Product Labels ,
Treatment Method Patents
HENNY PENNY CORPORATION v. FRYMASTER LLC -
Before Lourie, Chen, and Stoll. Appeal from the United States Patent and Trademark Office.
Summary: With respect to secondary considerations of nonobviousness, nexus may be...more
ARTHREX, INC. V. SMITH & NEPHEW ET AL.
Before Dyk, Chen, and Stoll. Appeal from the U.S. Patent and Trademark Office -
Summary: The Board’s invalidity decision does not need to track the exact wording in the IPR...more
A federal court in Wisconsin recently awarded Ultratec, Inc. and Captel, Inc. more than $5.4 million in damages, based on a patent infringement claim brought against Sorenson Communications and CaptionCalls...more
Federal Circuit Summary -
Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Northern District of California.
Summary: When the Federal Circuit holds that a combination of references...more
4/2/2019
/ Appeals ,
Claim Construction ,
Combined References ,
Damages ,
Jury Trial ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Permanent Injunctions ,
Reaffirmation ,
Remand ,
Reversal
Federal Circuit Summary -
Before Prost, Wallach, and Hughes. Appeal from the U.S. District Court for N.D. Ohio.
Summary: On a Rule 12(b)(6) motion, a district court cannot judicially notice facts that are subject to...more
2/28/2019
/ Appeals ,
Federal Rule 12(b)(6) ,
Joint Inventors ,
Judicial Notice ,
Leave to Amend ,
Misappropriation ,
Motion to Dismiss ,
Motion To Strike ,
Patent Litigation ,
Patents ,
Remand ,
Statute of Limitations ,
Summary Judgment ,
Trade Secrets ,
Vacated
Federal Circuit Summary -
Before Chief Judge Prost, Moore, and Taranto. Appeal from the United States District Court for the Eastern District of Texas.
Summary: An invention is not “ready for patenting” to trigger...more
Federal Circuit Summaries -
Before Chen, Mayer, and Bryson. Appeal from the Patent Trial and Appeal Board.
Summary: Claims directed to the abstract idea of rules for playing a dice game are not transformed into patent...more
Federal Circuit Summary -
Before Newman, Hughes, and Stoll. Appeal from the United States District Court for the Northern District of California.
Summary: Reasonable royalty patent damages cannot include a royalty for...more
11/21/2018
/ Appeals ,
Damages ,
Declaratory Judgments ,
Induced Infringement ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patents ,
Reaffirmation ,
Remand ,
Vacated
Federal Circuit Summary -
Before Judges Dyk, O’Malley, and Hughes. Appeal from the United States International Trade Commission.
Summary: Registered trade dress carries a presumption of secondary meaning only...more
Federal Circuit Summary -
Before Wallach, Linn, and Hughes. Appeal from the Trademark Trial and Appeal Board.
Summary: To determine whether a mark is generic, the TTAB must first properly identify the genus of the goods...more
Federal Circuit Summary -
On September 10, 2018, the Federal Circuit decided Regents of the University of California v. Broad Institute, Inc., affirming the Patent Trial and Appeal Board (PTAB)’s determination of no...more
9/17/2018
/ Appeals ,
CRISPR ,
Interference Proceeding ,
Life Sciences ,
Obviousness ,
Patent Applications ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reaffirmation ,
Substantial Evidence Standard ,
University of California
Federal Circuit Summary -
Before Newman, Dyk, and Taranto. Appeal from the United States District Court for the District of Delaware.
Summary: Pharmaceutical patents were obvious where the claims covered species of a...more
Federal Circuit Summary -
Before Reyna, Taranto, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: The Board must consider arguments in an IPR petitioner’s reply, where the arguments expressly follow...more
8/31/2018
/ Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Trial and Appeal Board ,
Patents ,
Petitioner Reply Briefs ,
Prior Art ,
Remand ,
Standard of Review ,
Vacated
Federal Circuit Summary -
Before Prost, Wallach, and Hughes. Appeal from the Trademark Trial and Appeal Board.
Summary: TTAB did not abuse its discretion by (1) refusing to consider factual assertions made in a brief,...more
8/30/2018
/ Abuse of Discretion ,
Admissible Evidence ,
Appeals ,
Evidence Suppression ,
Likelihood of Confusion ,
Pleading Standards ,
Pleadings ,
Reaffirmation ,
Trademark Infringement ,
Trademark Trial and Appeal Board ,
Trademarks