BULLSHINE DISTILLERY LLC v. SAZERAC BRANDS, LLC - Before Moore, Reyna and Taranto. Appeal from the Trademark Trial and Appeal Board. In assessing genericness, the TTAB considers how the mark was understood at the time of...more
Because there are different burdens of proof in IPRs and district court, collateral estoppel does not preclude a patent owner from asserting claims that are immaterially different from claims canceled in an IPR....more
SNIPR Technologies Ltd v. Rockefeller University -
Before Chen, Wallach, and Hughes. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board.
Summary: Patents whose priority is governed...more
Trinity Info Media, L.L.C. v. Covalent INC.
Before STOLL, BRYSON, and CUNNINGHAM. Appeal from the United States District Court for the Central District of California.
Summary: Patents directed to connecting users...more
JAZZ PHARMACEUTICALS, INC. v. AVADEL CNS PHARMACEUTICALS, LLC -
Before Lourie, Reyna, and Taranto. Appeal from the United States District Court for the District of Delaware.
Summary: A patent directed to a system to reduce...more
2/28/2023
/ Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Hatch-Waxman ,
Intellectual Property Protection ,
Jazz Pharmaceuticals ,
Life Sciences ,
Orange Book ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs
GENENTECH, INC. V. SANDOZ INC.
Before Newman, Lourie, and Prost. Appeal from the United States District Court for the District of Delaware.
Summary: The district court did not clearly err in considering evidence of...more
SOCLEAN, INC. v. SUNSET HEALTHCARE SOLUTIONS, INC.
Before Newman, Lourie, and Prost. Appeal from the United States District Court for the District of Massachusetts.
Summary: A trademark is entitled to a statutory...more
IN RE: MONOLITHIC POWER SYSTEMS, INC. -
Before Lourie, Chen, and Stark. Per Curiam, Lourie Dissenting. On Petition for Writ of Mandamus from the United States District Court for the Western District of Texas....more
ARENDI S.A.R.L. v. LG ELECTRONICS INC. -
Before Prost, Chen, and Stoll. Appeal from the U.S. District Court for the District of Delaware. -
Summary: Under the duplicative-litigation doctrine, a party cannot maintain two...more
Summary: Courts may use their inherent equitable powers to award attorneys’ fees for bad faith conduct....more
AURIS HEALTH, INC., v. INTUITIVE SURGICAL OPERATIONS, INC.,
Before Dyk, Prost, and Reyna. Appeal from the Patent Trial and Appeal Board (PTAB).
Summary: Evidence of generic industry skepticism cannot, by itself, form...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
APPLE INC. v. MPH TECHNOLOGIES OY -
Before Moore, Prost, and Taranto. Appeal from Patent Trial and Appeal Board.
Summary: The proximity of concepts in a claim may link the concepts together and affect the plain meaning...more
BIOGEN INTERNATIONAL GMBH V. MYLAN PHARMACEUTICALS INC.
Before O’Malley, Reyna, and Hughes. Appeal from the United States District Court for the Northern District of West Virginia.
Summary: A specification may not...more
MOBILITY WORKX, LLC v. UNIFIED PATENTS, LLC Before Newman, Schall, and Dyk.
Appeal from the Patent Trial and Appeal Board.
Summary: Fee-funded structure of AIA review proceedings does not violate due process....more
10/14/2021
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
America Invents Act ,
Appointments Clause ,
Bias ,
Constitutional Challenges ,
Due Process ,
Fifth Amendment ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
USPTO
OMEGA PATENTS, LLC v. CALAMP CORPORATION -
Before Prost, Dyk, and Hughes. Appeal from the United States District Court for the Middle District of Florida.
Summary: Licensing policies that allow use of any or all of a...more
In Re PERSONALWEB TECHNOLOGIES LLC -
Before Prost, Lourie, and Reyna. Appeal from the District Court for the Northern District of California.
A patent directed to a medley of mental processes with no inventive concept...more
GOOGLE LLC V. ORACLE AMERICA, INC.
Before the United States Supreme Court (Opinion by Justice Breyer) on Writ of Certiorari to the United States Court of Appeals for the Federal Circuit.
Summary: Where use of...more
CANFIELD SCIENTIFIC, INC. v. MELANOSCAN, LLC -
Before Newman, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB’s refusal to consider presented arguments and evidence can be a...more
SIMIO, LLC V. FLEXSIM SOFTWARE PRODUCTS, INC.
Before Prost, Clevenger, and Stoll. Appeal from the United States District Court for the District of Utah.
Summary: A claim whose only inventive concept is the applications...more
VALEANT PHARMACEUTICALS v. MYLAN PHARMACEUTICALS -
Before Newman, O’Malley, and Taranto. Appeal from the District Court of New Jersey -
Summary: Venue in Hatch-Waxman cases is proper only in districts where actions...more
11/9/2020
/ Abbreviated New Drug Application (ANDA) ,
Federal Rule 12(b)(6) ,
Foreign Entities ,
Generic Drugs ,
Hatch-Waxman ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Venue
CORCAMORE, LLC v. SFM, LLC -
Before Reyna, Chen, and Hughes. On appeal from the Trademark Trial and Appeal Board.
Summary: Whether a party has satisfied the requirements to bring a petition for trademark cancellation...more
FACEBOOK, INC., V. WINDY CITY INNOVATIONS LLC Before Prost, Plager, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit has jurisdiction to review challenges to the Board's joinder...more
Gensetix, Inc. v. Baylor College of Medicine -
Before Newman, O’Malley, and Taranto. Appeal from the U.S. District Court for the Southern District of Texas.
Summary: A state can invoke sovereign immunity under the...more
Before the Supreme Court of the United States. On Writ of Certiorari from the United States Court of Appeals for the Fourth Circuit.
Summary: A term styled "generic.com" is not necessarily generic and can be eligible for...more
7/6/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Certiorari ,
Descriptive Trademarks ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Trademark Registration ,
Trademarks ,
USPTO