LG ELECTRONICS INC. v. IMMERVISION INC.
Before Stoll, Cunningham, and Newman, Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board.
Summary: Where a reference contains an “obvious”...more
7/13/2022
/ Appeals ,
Clerical Errors ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
LG Electronics ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
POSITA
VIDSTREAM LLC V. TWITTER, INC.
Before Newman, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: Evidence of a prior art reference’s publication date submitted after an IPR petition may be...more
ALACRITECH, INC. V. INTEL CORP., CAVIUM, LLC, DELL, INC.
Before Stoll, Chen, and Moore. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB’s obviousness determination must meet the Administrative Procedure...more
FITBIT, INC. v. VALENCELL, INC.
Before Newman, Dyk, and Reyna. Appeal from Patent Trial and Appeal Board.
Summary: Notwithstanding its rejection of the Petitioner’s proposed claim construction, the PTAB may not end an...more
VALEANT PHARMACEUTICALS INTL. v. MYLAN PHARMACEUTICALS INC.
Before Lourie, Reyna, and Hughes. Appeal from the United States District Court for the District of New Jersey.
Summary: Prior art ranges for solutions of...more
HOSPIRA, INC. V. FRESENIUS KABI USA, LLC -
Before Lourie, Dyk, and Moore. Appeal from the U.S. District Court for the Northern District of Illinois.
Summary: Evidence of the properties of claimed embodiments may be...more
1/13/2020
/ Admissible Evidence ,
Appeals ,
Extrinsic Evidence ,
Hospira ,
Inherency ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Pharmaceutical Patents ,
Prior Art ,
Reaffirmation
TELEFONAKTIEBOLAGET LM ERICSSON v. TCL CORPORATION -
Before NEWMAN, LOURIE, and CLEVENGER. Appeal from the Patent Trial and Appeal Board.
Summary: Publications shelved in publicly accessible libraries may be publicly...more
11/11/2019
/ Appeals ,
Declaration ,
Obviousness ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Printed Publications ,
Prior Art ,
Reaffirmation ,
Reversible Error
NALPROPION PHARMACEUTICALS, INC. v. ACTAVIS LABORATORIES FL, INC.
Before Prost, Lourie and Wallach. Appeal from the U.S. District Court for the District of Delaware.
Summary: A “substantially equivalent” disclosure may...more
Before Judges Reyna, Taranto, and Chen. Appeal from the U.S. District Court for the District of New Jersey.
Summary: There may be no reasonable expectation of success in producing a specific polymorph of a compound when...more
Federal Circuit Summary -
Before Reyna, Wallach, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: A party must file a cross-appeal when their argument requires modification of a decision. Under the...more
11/26/2018
/ Administrative Procedure Act ,
Appeals ,
Claim Construction ,
Cross-Appeals ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Validity ,
Patents ,
Reaffirmation ,
Standing ,
Time-Barred Claims
Federal Circuit Summary -
Before Judges Reyna, Bryson, and Stoll. Appeals from the Patent Trial and Appeal Board and the United States District Court for the District of Delaware.
Summary: Non-prior art evidence may...more
10/17/2018
/ Appeals ,
Evidence ,
Multi-Party Litigation ,
Mylan Pharmaceuticals ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
POSITA ,
Prior Art ,
Reaffirmation ,
Sandoz ,
Teva Pharmaceuticals
Federal Circuit Summaries -
Before Taranto, Plager, and Chen. Appeal from the Patent Trials and Appeals Board.
Summary: In determining whether materials distributed at meetings or conferences are reasonably accessible...more
Federal Circuit Summaries -
Before Newman, Clevenger, and Wallach. Appeal from the Patent Trial and Appeal Board.
Summary: The USPTO has standing to intervene to defend its decision, even when the requestor has...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
The Federal Circuit affirmed the PTAB’s final written decision holding that claims directed to Novartis’s multiple sclerosis drug Gilenya were obvious in Novartis AG v. Torrent Pharmaceuticals. Ltd., No. 2016-1352 (Fed. Cir....more