CHEVRON U.S.A. INC. v. UNIVERSITY OF WYOMING RESEARCH -
Before Newman, Lourie, and Schall. Appeal from Patent Trial and Appeal Board.
Summary: Intrinsic evidence is sufficient support for claim construction in an...more
NIKE, INC. v. ADIDAS AG -
Before Lourie, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: The Patent Trial and Appeal Board may sua sponte identify a patentability issue for a proposed...more
A Delaware jury has awarded Wasica Finance over $31 million in patent damages against Schrader Int’l. In 2013, Wasica accused Schrader Int’l of infringing a patent entitled “Device for Monitoring and the Air-Pressure in...more
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
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
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
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
THE CHAMBERLAIN GROUP, INC. v. TECHTRONIC INDUSTRIES CO.
Before Lourie, O’Malley, and Chen. Appeal from the United States District Court for the Northern District of Illinois -
Summary: A system or method for...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
POWER INTEGRATIONS, INC v. SEMICONDUCTOR COMPONENTS -
Before Prost, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: An IPR is time-barred under 35 U.S.C. § 315(b) if, at the time of...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 -
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 Dyk, Moore, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: Tribal sovereign immunity does not shield Indian Tribe owned patents from IPR. ...more
7/25/2018
/ Adjudicatory Process ,
Administrative Agencies ,
Administrative Proceedings ,
Allergan Inc ,
Appeals ,
Enforcement Actions ,
Generic Drugs ,
Inter Partes Review (IPR) Proceeding ,
IP Assignment Agreements ,
Motion to Dismiss ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Sovereign Immunity ,
Tribal Governments
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, 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
Federal Circuit Summaries -
Before Newman, Dyk, and O’Malley. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB may enter an adverse judgment against a patent owner where, before issuing an institution...more
1/25/2018
/ Adverse Judgments ,
Appeals ,
Doctrine of Prosecution Disclaimer ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Non-Appealable Decisions ,
Patent Owner Preliminary Response ,
Patent Trial and Appeal Board ,
Patents ,
Right To Appeal ,
Waivers