In Re FORNEY INDUSTRIES, INC.
Before Dyk, O’Malley, and Chen. Appeal from the Trademark Trial and Appeal Board.
Summary: Multi-colored marks may be inherently distinctive when used on product packaging....more
BASF CORPORATION v. SNF HOLDING COMPANY -
Before Lourie, Moore, and Chen. Appeal from the United States District Court for the Southern District of Georgia.
Summary: A third party’s sale of products made by a secret...more
Arctic Cat Inc. v. Bombardier Recreational Prods. Inc.
Before Lourie, Moore, and Stoll. Appeal from the Southern District of Florida.
Summary: To recover pre-complaint damages for infringement after sales of unmarked...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
TECHTRONIC INDUSTRIES CO. LTD. v. ITC -
Before Lourie, Dyk, and Wallach. Appeal from the U.S. International Trade Commission.
Summary: Consistent description in the specification of a particular embodiment as the...more
12/13/2019
/ Administrative Law Judge (ALJ) ,
Appeals ,
Claim Construction ,
Imports ,
International Trade Commission (ITC) ,
Noninfringement ,
Patent Infringement ,
Patents ,
Prior Art ,
Reversal ,
Scope of the Claim ,
Summary Judgment ,
Vacated ,
Written Descriptions
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
B.E. TECHNOLOGY, L.L.C. v. FACEBOOK, INC.
Before Lourie, Plager, and O’Malley. Appeal from the United States District Court for the Western District of Tennessee.
Summary: A decision on the merits is not a prerequisite...more
10/15/2019
/ Appeals ,
Dismissal With Prejudice ,
Facebook ,
Inter Partes Review (IPR) Proceeding ,
Judgment on the Pleadings ,
Litigation Fees & Costs ,
Mootness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Prevailing Party ,
Reaffirmation
INSPIRED DEVELOPMENT GROUP v. INSPIRED PRODUCTS GROUP, LLC -
Before Prost, Newman, and Stoll. Appeal from the United States District Court for the Southern District of Florida.
Summary: Alleging that a contract issue...more
9/26/2019
/ Appeals ,
Breach of Contract ,
Dismissals ,
Diversity Jurisdiction ,
Federal Question Jurisdiction ,
Gunn Test ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Remand ,
State Law Claims
INTRA-CELLULAR THERAPIES, INC v. IANCU -
Before Wallach, Chen, and Hughes. Appeal from the United States District Court for the Eastern District of Virginia.
Summary: If a proper reply to a final Office Action is not...more
9/25/2019
/ Appeals ,
Chevron Deference ,
Judicial Review ,
Patent Examinations ,
Patent Litigation ,
Patent Prosecution ,
Patent Term Adjustment ,
Patents ,
Petitioner Reply Briefs ,
Statutory Interpretation ,
Summary Judgment ,
USPTO
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
UCB, INC. v. WATSON LABORATORIES INC.
Before Taranto, Schall, and Chen. Appeal from the United States District Court for the District of Delaware.
Summary: Application of the doctrine of equivalents may not be barred...more
Before Newman, Linn, and Dyk. Appeal from the United States District Court for the District of Oregon.
Summary: The Trademark Act’s definition of “use in commerce” as a requirement for obtaining a federal trademark does...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
Before Wallach, Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware.
Summary: Claims directed to a specific method of treatment for specific patients using a specific compound...more
4/3/2019
/ Appeals ,
CLS Bank v Alice Corp ,
Mayo v. Prometheus ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Product of Nature Doctrine ,
Reversal ,
Section 101 ,
Treatment Method Patents
Federal Circuit Summary -
Before Prost, Reyna, and Taranto. Appeal from the U.S. District Court for the District of Maryland.
Summary: An abstract idea cannot be used to supply an inventive concept that renders a claim...more
Federal Circuit Summary -
Before Lourie, O’Malley, Reyna. Appeals from the Patent Trial and Appeal Board, United States District Court for the Northern District of West Virginia, and United States District Court for the...more
2/26/2019
/ Appeals ,
Client Representation ,
Conflicts of Interest ,
Disqualification ,
Model Rules ,
Parent Corporation ,
Patent Trial and Appeal Board ,
Rules of Professional Conduct ,
Subsidiaries ,
Trademark Infringement ,
Trademark Litigation
Federal Circuit Summary -
Before Lourie, Dyk and Taranto. Consolidated Appeals from the Patent Trial and Appeal Board and the Southern District of California.
Summary: A person is a joint inventor of the anticipating...more
2/4/2019
/ Anticipation ,
Appeals ,
Claim Construction ,
Inter Partes Review (IPR) Proceeding ,
Joint Inventors ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reaffirmation ,
Reversal ,
Section 102 ,
Summary Judgment
On Tuesday, January 22, 2019, the U.S. Supreme Court held in a unanimous decision that, even where the details of the invention are kept confidential, a commercial sale may place the invention “on sale” under the Leahy-Smith...more
1/24/2019
/ America Invents Act ,
Appeals ,
Assignment of Inventions ,
Confidentiality Agreements ,
Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc ,
Inventions ,
On-Sale Bar ,
Patent Applications ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Public Use ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Section 102 ,
Teva Pharmaceuticals ,
Third-Party Relationships
Federal Circuit Summary -
Before Prost, Dyk and Moore. Appeal from the United States District Court for the District of Minnesota.
Summary: A party’s continued, but ultimately unsuccessful, pursuit of a claim...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 Summaries -
Before Dyk, Wallach, and Taranto. Appeal from the United States District Court for the Western District of Washington.
Summary: Claims directed to improving computer security by using BIOS...more
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 Summary -
Before Reyna, Wallach, and Hughes. Appeal from the United States District Court for the District of Nevada
Summary: District Courts have jurisdiction to hear APA challenges to the PTO’s denial...more
9/25/2018
/ Administrative Procedure Act ,
Appeals ,
Dismissals ,
MPEP ,
Patent Examinations ,
Petition for Rulemaking ,
Remand ,
Reversal ,
Right To Appeal ,
Subject Matter Jurisdiction ,
Time-Barred Claims ,
USPTO
Federal Circuit Summary -
Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB may initially accept an IPR petitioner’s identification of real-parties-in-interest, but...more
9/10/2018
/ Appeals ,
Burden of Persuasion ,
Burden-Shifting ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Real Party in Interest ,
Rebuttable Presumptions ,
Remand ,
Software Patents ,
Time-Barred Claims ,
Vacated
Federal Circuit Summary -
Before Dyk, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: A two-dimensional drawing of a three-dimensional object may meet the enablement and definiteness...more