REALTEK SEMICONDUCTOR CORPORATION v. ITC - Before Reyna, Bryson, and Stoll. Appeal from the United States International Trade Commission. The Federal Circuit lacks jurisdiction to hear appeals of non-final determinations from...more
In Baxalta Incorporated v. Genentech, Inc., 2022-1461, the Federal Circuit affirmed the district court’s decision granting Genentech’s motion for summary judgment that claims 1-4, 9, and 20 of U.S. Patent No. 7,033,590 (“the...more
BOT M8 LLC v. SONY INTERACTIVE ENTERTAINMENT LLC -
Before Prost, Reyna, and Cunningham. Appeal from the Patent Trial and Appeal Board.
Summary: A party challenging the Board’s decision by alleging claim construction...more
In ChromaDex, Inc. v Elysium Health, Inc., Appeal No. 2022-1116, the Federal Circuit upheld the invalidity of a claim reciting a supplement comprising nicotinamide riboside (“NR”), a component found in cow’s milk, under 35...more
Summary: When a patent claim is subject to adverse determinations of patentability first before the PTO and again after appeal, the claim is not entitled to patent term adjustment for the period of the appeal even if the...more
SUNOCO PARTNERS MARKETING v. U.S. VENTURE, INC.
Before Prost, Reyna, and Stoll. Appeal from the United States District Court for the Northern District of Illinois.
Summary: References to testing in an offer for sale...more
TRAXCELL TECHNOLOGIES, LLC V. NOKIA SOLUTIONS AND NETWORKS Before Prost, O’Malley, and Stoll.
Appeal from the Eastern District of Texas.
Summary: An applicant’s arguments distinguishing prior art during patent...more
SYNGENTA CROP PROTECTION, LLC v. WILLOWOOD, LLC -
Before Reyna, Taranto, and Stoll. Appeal from the U.S. District Court for the Middle District of North Carolina.
Summary: Infringement under § 271(g) does not require a...more
Before Moore, Taranto, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: The mere fact that a certain thing may result from a given set of circumstances is not sufficient to demonstrate inherency. Instead,...more
Federal Circuit Summaries -
Before Prost, Newman, Mayer, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Petition for panel rehearing and rehearing en banc.
Summary: Judge Newman...more
6/18/2018
/ Antitrust Violations ,
Appeals ,
Denial of Rehearing ,
Dissenting Opinions ,
En Banc Review ,
Fraud ,
Jurisdiction ,
Monopolization ,
Patent Litigation ,
Patents ,
Petition For Rehearing ,
Walker Process Claims
On Tuesday, May 30, 2017, the Supreme Court of the United States held in Impression Products, Inc. v. Lexmark International, Inc. that an authorized sale of a patented product exhausts all of the patentee’s rights in the...more
6/1/2017
/ Exports ,
Foreign Sales ,
Imports ,
Impression Products v Lexmark International ,
IP License ,
Kirtsaeng v. John Wiley & Sons ,
Patent Exhaustion ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Resales Agreements ,
SCOTUS ,
Single-Use/No Resale Restriction ,
Stream of Commerce