The Patent Trial and Appeal Board (PTAB) denied Pfizer, Inc.’s (“Petitioner”) petition to institute an inter partes review (IPR) of the sole claim of Biogen Inc.’s (“Patent Owner”) U.S. Patent 8,329,172 (the “’172 Patent”)....more
In a recent decision, Judge Schroeder of the Eastern District of Texas rejected the argument that decisions of the United State Patent and Trade Office (USPTO) invalidating patents held infringed by a jury means that a...more
11/3/2017
/ Appeals ,
Apple ,
Enhanced Damages ,
Final Written Decisions ,
Inter Partes Reexamination ,
Jury Verdicts ,
Motion for Judgment ,
Patent Infringement ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
USPTO ,
Willful Infringement
On October 23, 2017, a Patent Trial and Appeal Board (PTAB) panel granted Petitioner’s Motion to Submit Supplemental Information (“the Motion”) on the publication date of an asserted reference. At the time the Petition was...more
Obviousness challenges are popular post-grant challenges before the Patent Trial and Appeal Board (PTAB). Generally, under 35 U.S.C. § 103 (“§ 103”), the courts make legal and factual inquiries into (1) the scope and content...more
A Patent Trial and Appeal Board (PTAB) panel upheld a stay of co-pending inter partes review (IPR) proceedings pending a decision on the patent owner’s petition for writ of certiorari....more
A district court judge denied a plaintiff’s motion to preliminarily enjoin a defendant from selling saliva collection kits for DNA testing....more
On September 30, 2016, the Federal Circuit issued an opinion affirming the District Court for the Southern District of New York’s dismissal of the plaintiff ’s complaint under Fed. R. Civ. P. 12(b)(6) because the complaint...more
Petitioners Praxair Distribution, Inc. and NOxBOX Limited filed petitions requesting inter partes review (IPR) of the claims of four related patents owned by Mallinckrodt Hospital Products IP Ltd. (“Mallinckrodt”). The claims...more
On August 23, 2016, Magistrate Judge John Love in the Eastern District of Texas denied plaintiffs’ motion for summary judgment as to defendants’ affirmative defenses and counterclaims. These defenses and counterclaims related...more
The District Court of Delaware denied defendant Wockhardt’s motion to dismiss a patent infringement action based on the reasonable inference that plaintiff AstraZeneca may need to assert its patent rights in the future. On...more
A judge in the Northern District of California has enjoined a group of defendants from selling a laboratory DNA sequencing machine. The plaintiff first asserted the patent against one defendant in litigation in the District...more
In a final written decision issued on August 30, 2016, in an inter partes review, the Patent Trial and Appeal Board (PTAB) examined whether a “Request for Comments” (RFC) document qualified as a printed publication under 35...more
Federal Circuit Reverses PTAB’s Conclusion that Claims Challenged in Reexamination Would Have Been Obvious -
On August 31, 2016, the Federal Circuit issued a non-precedential opinion reversing a judgment by the Patent...more
On September 2, 2016, the U.S. Patent Trial and Appeal Board (PTAB) ruled that U.S. Patent No. 9,157,017 (the “’017 patent”) was eligible for post-grant review (PGR) even though, on its face, the patent claims priority to a...more
Upon remand by the Supreme Court following its decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016), a panel of the Federal Circuit reconsidered its previous decision to vacate a jury’s...more
FEDERAL CIRCUIT CASES -
CAFC: If (No Factual Findings), Then (No Deference) -
Two days ago, on remand from the U.S. Supreme Court, the Federal Circuit in Shire v. Watson again affirmed its reversal of the...more
6/8/2015
/ Claim Construction ,
Clear Error Standard ,
De Novo Standard of Review ,
IBM ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Remand ,
Safeway Inc ,
SCOTUS ,
Shire Development v Watson
DISTRICT COURT CASES -
Patent Directed to Online Auction Held Invalid Under § 101 -
A district court recently granted a defendant’s motion for judgment on the pleadings, holding that a patent directed to an...more
DISTRICT COURT CASES -
Judge in the Northern District of California Excludes Damages Expert Opinion that Used the Entire Handset as the Royalty Base -
Judge Grewal of the Northern District of California granted...more
Supplemental Information Containing Petitioner’s Statements Allowed in IPR -
A PTAB panel has granted a patent owner’s (owner) motion to submit supplemental information in an inter partes review (IPR). A motion to...more
Improper Submission of New Evidence Undermines Patent Challenge -
In its final written decision, a PTAB panel granted a patent owner’s (owner) motion to exclude evidence submitted by a petitioner in support of its...more
District Court Cases -
Statistics on Inter Partes Review Proceedings Found Persuasive by Court in Granting Stay -
A district court in California has granted a defendant’s motion to stay a patent infringement...more
Federal Circuit Cases -
Denial of Petition for Inter Partes Review Is Not Appealable -
A Federal Circuit panel has granted a motion to dismiss an appeal from a Patent Trial and Appeal Board (PTAB) order denying...more
For the First Time, PTAB Rules for Patent Owner After Inter Partes Review Trial Instituted -
A PTAB panel has held, for the first time, that all challenged claims of a patent are valid following completion of an inter...more
DISTRICT COURT CASES -
Rule 11 Sanctions Warranted Due to Plaintiff’s Objectively Unreasonable Claim Construction -
A district court in Delaware has granted a defendant’s motion for sanctions against a plaintiff...more
A PTAB panel has rejected a patent owner’s evidence of objective indicia of non-obviousness because it lacked the proper nexus with the claimed subject matter. In its brief, the patent owner had argued that praise by others,...more