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
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
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
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
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
Amgen, Inc. v. Amneal Pharmas. LLC et al -
Before Newman, Lourie, and Taranto. Appeal from the U.S. District Court for the District of Delaware.
Summary: An examiner amendment may give rise to prosecution history...more
1/10/2020
/ Appeals ,
Bench Trial ,
Doctrine of Equivalents ,
Markush Grouping ,
Patent Examinations ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution ,
Patents ,
Prosecution History Estoppel ,
Reversal
CISCO SYSTEMS, INC. v. TQ DELTA, LLC -
Before Newman, Linn, and Wallach. Appeal from Patent Trial and Appeal Board.
Summary: It is improper to read limitations from a preferred embodiment described in the specification...more
QUAKE v. LO -
Before Reyna, Chen, and Hughes. Appeal from the Patent Trial and Appeal Board (“PTAB”).
Summary: A claimed method must be expressly described as a whole in order to satisfy the written description...more
GENERAL ELECTRIC CO. V. UNITED TECHNOLOGIES CORP.
Before Reyna, Taranto, and Hughes. Appeal from the Patent and Trial Appeal Board.
Summary: A petitioner who loses an IPR must proffer specific evidence of competitive...more
GAME AND TECHNOLOGY CO., LTD. v. ACTIVISION BLIZZARD INC.
Before Prost, Lourie, and Wallach. Appeal from the Patent Trial and Appeal Board (PTAB).
Summary: A single prior art reference can render a patent obvious if it...more
Federal Circuit Summaries -
Before Lourie, Linn, and Taranto. Appeal from the United States District Court for the District of Arizona.
Summary: Reading a process limitation into a product claim is improper where the...more
2/14/2019
/ Appeals ,
Claim Construction ,
Indefiniteness ,
Intel ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Remand ,
Reversible Error ,
Scope of the Claim ,
Vacated ,
Written Descriptions
Federal Circuit Summary -
Before Dyk, Schall, and Reyna. Appeal from U.S. District Court for the Eastern District of Virginia.
Summary: The USPTO is only authorized to reduce Patent Term Adjustment (PTA) for applicant...more
1/25/2019
/ Appeals ,
Chevron Deference ,
Delays ,
European Patent Office ,
Patent Applications ,
Patent Prosecution ,
Patent Term Adjustment ,
Patents ,
Remand ,
Reversal ,
Summary Judgment ,
USPTO
Patent Judgments & Awards -
Wisconsin Alumni Research Found. V. Apple, Inc., No. 14-CV-062-WMC (W.D. Wisc.)
On July 25, 2017, a federal court in Wisconsin ordered Apple to pay a whopping $506 million for infringement of...more
8/11/2017
/ Appeals ,
Apple ,
Calculation of Damages ,
Jury Verdicts ,
Mobile Devices ,
Patent Infringement ,
Patent Royalties ,
Permanent Injunctions ,
Popular ,
Technology ,
Universities