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, 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 Prost, Moore and Reyna. Appeal from the District Court of Delaware.
Summary: A limitation in the specification should not be imported into a claim when there is no evidence that the...more
Federal Circuit Summaries -
Before Dyk, Clevenger, and Chen. Appeal from the United States District Court for the Northern District of California.
Summary: In order to rely on the entire market value rule to calculate...more
Federal Circuit Summaries -
Before PROST, Wallach, and Taranto. Appeal from the Southern District of Indiana.
Summary: In determining whether a party’s actions were “exceptional” under Octane Fitness, the District...more
6/14/2018
/ Abuse of Discretion ,
Appeals ,
Attorney's Fees ,
Clear Error Standard ,
Dismissals ,
Exceptional Case ,
Inter Partes Review (IPR) Proceeding ,
Motion to Dismiss ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Prevailing Party ,
Reaffirmation ,
Totality of Circumstances Test
Federal Circuit Summary -
Before Wallach, Chen, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: A party may not be time-barred from instituting an IPR despite having a business relationship with a...more
5/11/2018
/ § 315(b) ,
Appeals ,
Inter Partes Review (IPR) Proceeding ,
Jury Trial ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Privity of Contract ,
Real Party in Interest ,
Substantial Evidence Standard ,
Time-Barred Claims
Federal Circuit Summaries -
Before Newman, Hughes, and Stoll. Appeal from U.S. District Court for the Southern District of New York.
Summary: General disclosures in the specification and statements that describe the...more
Federal Circuit Summaries -
Before Taranto, Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware.
Summary: Proceeding to trial despite a party’s violation of a discovery order...more
Federal Circuit Summaries -
Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York.
Summary: A co-inventor did not transfer ownership interests in a...more
1/12/2018
/ Appeals ,
Assignment of Inventions ,
Dismissals ,
Employment Contract ,
Inventors ,
IP Assignment Agreements ,
Joinder ,
Joint Inventors ,
Patent Infringement ,
Patents ,
Quitclaim Deeds ,
Standing ,
Technology Sector ,
Vesting
Patent Judgments and Awards -
On July 14, 2017, the International Trade Commission determined that financial services company Diebold Nixdorf, Inc. (“Diebold”) violated Section 337 of the Tariff Act by importing ATMs and...more
Patent Judgments and Awards -
On August 7, 2017, after nearly two-and-a-half years of litigation, an East Texas jury awarded just over $21,000,000 to Elbit Systems of America and its affiliate (“Elbit”). Elbit, an...more
Patent Judgments and Awards -
On August 4, 2017, after five-and-a-half years of litigation over patent infringement, a Federal Claims judge ordered the United States (“the Government”) to pay Advanced Aerospace...more