GENENTECH, INC. v. HOSPIRA, INC.
Before Prost, Newman, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: Prior art disclosing a temperature range that partially overlaps with the claimed temperature...more
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
KOLCRAFT ENTERPRISES, INC. V. GRACO CHILDREN’S PRODUCTS, INC.
Before Moore, Reyna, and Chen. Appeals from the Patent Trial and Appeal Board.
Summary: Inventor testimony of prior conception must be independently...more
7/9/2019
/ Design Patent ,
Electronically Stored Information ,
Evidence ,
Inter Partes Review (IPR) Proceeding ,
Inventors ,
Metadata ,
Obviousness ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Testimony
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 -
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 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 Wallach, O’Malley, and Schall. Appeal from the Patent Trial and Appeal Board.
Summary: PGR petitioner has standing to appeal PTAB decision, where petitioner intended to file an ANDA for...more
5/17/2018
/ Abbreviated New Drug Application (ANDA) ,
Appeals ,
Breach of Contract ,
Contract Termination ,
Declaratory Judgments ,
Estoppel ,
FDA Approval ,
Obviousness ,
Patent Applications ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Post-Grant Review ,
Standing
Federal Circuit Summaries -
Before Newman, O’Malley, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: When resolving an obviousness challenge, the PTAB cannot invoke “ordinary creativity” of a skilled...more
Federal Circuit Summaries -
Before Lourie, Reyna, and Chen. Appeal from the U.S. District Court for the Eastern District of Texas, Judge J. Rodney Gilstrap.
Summary: Filing a terminal disclaimer to overcome an...more
Federal Circuit Summaries -
Before Lourie, O’Malley, and Wallach. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB’s finding that an element in a prior art reference is “similar to” a claim limitation,...more