News & Analysis as of

Patent Invalidity

D Three Enterprises, LLC v. Sunmodo Corporation

by Knobbe Martens on

Federal Circuit Summaries - Before Reyna, Clevenger, and Wallach. Appeal from the United States District Court for the District of Colorado - Summary: Even in a simple mechanical case, a narrow disclosure in the...more

Praxair Distribution, Inc. V. Mallinckrodt Hospital Products

by Knobbe Martens on

Federal Circuit Summaries - Before Prost, Newman, and Lourie. Appeal from the United States Patent and Trademark Office (PTAB) Summary: A limitation that merely claims information by incorporating that information into...more

Genetic Veterinary Sciences, Inc. v. LABOklin GmbH (E.D. Va. 2018)

Earlier this month, in Genetic Veterinary Sciences, Inc. v. LABOklin GmbH, Senior District Judge Henry Coke Morgan, Jr. of the U.S. District Court for the Eastern District of Virginia granted a motion for judgment as a matter...more

Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd. (Fed. Cir. 2018)

Last week, the Federal Circuit found all patent claims invalid for obviousness in an inter partes review, in Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd. But the Court did not render its decision...more

Potential Issues for “Not Yet Practicing” PTAB Petitioners: Constitutional Requirements for Appealing PTAB Decisions

by Orrick - IP Landscape on

Order Reversing-In-Part, Vacating-In-Part, and Remanding, Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc., Appeal No. 2017-1487 (Fed. Cir. May 2, 2018) (Judge Evan J. Wallach) - Occasionally, a company may file a...more

SAP America, Inc. v. InvestPic, LLC (Fed. Cir. 2018)

SAP America, Inc. (SAP) filed a declaratory judgment action in the Northern District of Texas, alleging that U.S. Patent No. 6,349,291 of InvestPic, LLC (InvestPic) was invalid under 35 U.S.C. § 101. The District Court...more

Anacor Pharmaceuticals, Inc. v. Iancu (Fed. Cir. 2018)

On Monday, May 14, 2018, the Federal Circuit affirmed the determination by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board in an inter partes review that claim 6 of U.S. Patent No. 7,582,621 is...more

Federal Circuit Review - April 2018

by Knobbe Martens on

Broadest Reasonable Interpretation Encompasses All Embodiments in the Absence of Support Specifically Excluding an Embodiment - In Steuben Foods, Inc. v. Nestle USA, Inc., Appeal No. 2017-1290, the Federal Circuit...more

In re VerHoef

by Knobbe Martens on

Federal Circuit Summaries - Before Newman, Mayer, and Lourie. Appeal from the Patent Trial and Appeal Board. Summary: An application is unpatentable under pre-AIA 35 U.S.C. § 102(f) when the application does not name...more

Proposed Rule: No More BRI in PTAB Trials

by Jones Day on

Today, the USPTO issued a press release announcing a Notice of Proposed Rulemaking for Claim Construction Standards used in PTAB Proceedings. The rule proposed by the Office would change the prior policy of using the Broadest...more

Post-Grant Review Chickens Come Home to Roost: The Federal Circuit Clarifies the Effect of Reexamination on Equitable Estoppel and...

The Federal Circuit recently overturned a decision estopping the plaintiff from pursuing its infringement claims in the United States District Court for the Eastern District of Arkansas, and clarified the effect of...more

A Rare Win for a Medical Testing Patent in Exergen Corporation V. Kaz USA, Inc.

Inventors of methods of medical testing have had a rough time since the Supreme Court decided Mayo Collaborative Services v. Prometheus Labs. Inc. In the Mayo case, the Court considered whether a method of determining whether...more

The Practicing the Prior Art [Self] Defense Box

In 01 Communique, the Federal Circuit provided clear guidelines regarding the frequently raised “practicing the prior art” argument. Quite simply, the argument that a defendant is not liable because the claimed elements...more

The Old “Practicing the Prior Art” Defense

In 01 Communique Laboratory, Inc. v. Citrix Systems, Inc., [2017-1869] (April 26, 2018), the Federal Circuit affirmed the district court’s Order denying 01 Communique a new trial on the issue of infringement....more

Wash Your Hands Before Going to Court; Unclean Hands Wipe out Recovery for Valid and Infringed Patents

In Gilead Sciences, Inc. v. Merck & Co., [2016-2302, 2016-2615] (April 25, 2018), the Federal Circuit affirmed the district court’s determination that the claims the jury found to be valid and infringed were unenforceable...more

Swapping Order of References in Non-Instituted Obviousness Combination Does Not Alter Scope of IPR Estoppel

In an April 12, 2018 decision, the District Court for the District of Delaware held that a change in the primary reference of an obviousness combination that was denied institution by the Patent Trial and Appeal Board (PTAB)...more

Counting Votes is a Abstract Idea, and Simply Automating the Process Doesn’t Make it Patentable

In Voter-Verified, Inc., v. Election Systems & Software LLC, [2017-1930] (April 20, 2018), the Federal Circuit affirmed the district court’s determination that claims of U.S. Reissue Patent RE 40,449 were directed to...more

Supreme Court Upholds Constitutionality of Inter Partes Review of Issued Patents

On April 24, 2018, the Supreme Court issued a decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC rejecting a Constitutional challenge to the inter partes review (IPR) procedure for challenging an issued...more

CAFC Affirms PTAB’s Decision To Invalidate Cialis and Adcirca Patents

by Pepper Hamilton LLP on

In a recent decision, the Court of Appeals for the Federal Circuit (CAFC) affirmed decisions in two inter-partes review (IPR) proceedings that patents owned by ICOS Corporation directed to tadalafil formulations (used in the...more

Overcoming Early Alice Rejections in Litigation

by Vedder Price on

In 2014, the United States Supreme Court in a landmark decision in the field of Patent Law (Alice Corp. v. CLS Int’l) invalidated software patents related to mitigating settlement risk. Relying on the now-infamous Section...more

Supreme Court Confirms the Constitutionality of Inter Partes Review

by Jackson Walker on

In a 7-2 opinion written by Justice Clarence Thomas, the Supreme Court upheld the constitutionality of the Inter Partes Review (“IPR”) procedure created by the Leahy-Smith America Invents Act (“AIA”). IPRs allow anyone “who...more

Supreme Court Confirms Inter Partes Review Is Constitutional

by Snell & Wilmer on

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the United States Supreme Court held today, in a 7-2 decision, that the inter partes review process under the America Invents Act (AIA), 35 U.S.C. § 100 et...more

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - Droplets, Inc. v. E*TRADE Bank., Appeal No. 2016-2504 (Fed. Cir. 2018)?- In an appeal from an inter partes review, the Federal Circuit affirmed a decision by the PTAB invalidating a patent...more

Mic Drop: PTAB Not Bound by Prior Federal Circuit Decisions

by McDermott Will & Emery on

In a split decision, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision finding a patent invalid despite a 2011 Federal Circuit decision that upheld the validity of the...more

News from Abroad: EPO Guidance on the Therapeutic Methods Exclusion

The therapeutic methods exclusion is often problematic to navigate. In T 0699/12, the Technical Board of Appeal (TBA) of the European Patent Office (EPO) has provided some useful guidance on its application. In an...more

672 Results
|
View per page
Page: of 27
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.