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Limiting Terms in Preamble May Render Entire Preamble Limiting

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

Government’s Pre-Litigation Conduct Cannot Justify a Court of Claims Fee Award

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

Courts Have No Jurisdiction Over Challenge to PTO Action Before Final Agency Decision

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

Standing to Appeal in IPR Remains Even After Divesting Accused Products

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

An Invention That Changes the Normal Operation of a System Is Not Abstract Under § 101

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

Attorneys and Clients Behaving Badly – Deliberately Withheld Offer for Sale Is Inequitable Conduct

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

Wells Fargo Twice Found Guilty of Willfully Infringing Patents on Remote Check Depositing Technology

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

No Appeal of PTAB’s Final Decision by Appealing a District Court’s Adoption of That Decision

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

Safe Harbor Defense Under 35 U.S.C. §271(e)(1) Requires That the Accused Activity Is Solely for Uses Reasonably Related to...

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

PTAB Must Consider Evidence Showing Prior Art Is Analogous to Invention

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

Patent Claim Reciting a List “Consisting Essentially of” Is Indefinite Where the Basic and Novel Property of the Invention Is...

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

Nexus Analysis May Be Based on Novel Combination of Known Elements Considered as a Whole

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

PTAB’s Characterization Of Petitioner’s Argument Did Not Introduce New Theory Of Invalidity

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

Ultratec Awarded more than $5.4 Million After Patent Determined Valid On Appeal

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

TEK Global, S.R.L. v. Sealant Systems International

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

Coda Development v. Goodyear Tire & Rubber

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

Barry v. Medtronic, Inc.

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

In Re: Marco Guldenaar Holdings B.V.

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

Enplas Display Device Corp. v. Seoul Semiconductor Co.

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

Converse, Inc. v. ITC

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

Real Foods Pty Ltd. v. Frito-Lay North America, Inc.

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

UC v. Broad Institute: No Interference-In-Fact in CRISPR Genome Editing Applications

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

Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc.

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

Ericsson Inc. v. Intellectual Ventures I LLC.

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

Zheng Cai, DBA Tai Chi Green Tea Inc., v. Diamond Hong, Inc.

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

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