LASHIFY, INC. V. ITC - Before Prost, Taranto, and Chen. Appeal from the U.S. International Trade Commission. Warehousing, quality control, distribution, sales, and marketing expenses incurred in connection with an imported...more
RESTEM, LLC v. JADI CELL, LLC - Before Moore, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Inherency in product-by-process claims requires the prior art process to inevitably produce the claimed...more
APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC - Before Moore, Prost, and Stoll. Appeal from the Patent Trial And Appeal Board. A patent owner forfeits its argument that an IPR petitioner lacks standing under 35 U.S.C....more
3/20/2025
/ Administrative Procedure Act ,
Appeals ,
Appellate Courts ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Standing ,
Statutory Interpretation
CYTIVA BIOPROCESS R&D AB V. JSR CORP. - Before Prost, Taranto, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A claim limitation merely reciting an inherent property or result of an otherwise obvious...more
Summary: License agreements containing a lump-sum payment “based on” a royalty rate may provide reliable evidence of a reasonable royalty rate for the licensed patent. EcoFactor sued Google for patent infringement over...more
VIRTEK VISION INTERNATIONAL ULC, v. ASSEMBLY GUIDANCE SYSTEMS, INC., DBA ALIGNED VISION -
Before Moore, Hughes, and Stark. Appeal from the Patent Trial and Appeal Board (“Board”)....more
IN RE CELLECT, LLC -
Before Lourie, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: Obviousness-type double patenting analyses for patents with Patent Term Adjustments are based on the...more
8/31/2023
/ Escape Clauses ,
Ex Parte ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Term Adjustment ,
Patent Term Extensions ,
Patent Trial and Appeal Board ,
Patents ,
Terminal Disclaimer ,
USPTO
YITA LLC V. MACNEIL IP LLC -
Before Taranto, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: Evidence of commercial success that relates entirely to an individual claim element that was...more
IRONBURG INVENTIONS LTD. v. VALVE CORP.
Before Lourie, Clevenger, and Stark. Appeal from the United States District Court for the Western District of Washington.
Summary: The patentee has the burden of proving that...more
Plastipak Packaging, Inc. v. Premium Waters, Inc. Before Newman, Stoll, and Stark. Appeal from the United States District Court for the Western District of Wisconsin. Summary: An overwhelming amount of evidence in favor of...more
ADASA INC. v. AVERY DENNISON CORPORATION -
Before Moore, Hughes and Stark. Appeal from the United States District Court for the District of Oregon.
Summary: A claim directed to a specific, hardware-based data...more
Federal Circuit Summary -
Before Prost, Bryson, and O’Malley. Appeal from the United States District Court for the Western District of Wisconsin.
Summary: (1) To uphold a jury verdict of infringement, evidence must...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