Lanard Toys Limited v. Dolgencorp LLC, Ja-Ru, Inc., and Toys “R” US -
Before Lourie, Mayer, and Wallach. Appeal from the District Court for the Middle District of Florida.
Summary: A useful article is not copyrightable...more
ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC v. SHOPPERSCHOICE.COM, LLC -
Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Southern District of Florida.
Electronic Communication...more
BIOGEN INTERNATIONAL GMBH v. BANNER LIFE SCIENCES LLC -
Before Lourie, Moore, and Chen. Appeal from the U.S. District Court for the District of Delaware -
Summary: If a claimed product is not the active ingredient of...more
ARTHREX, INC. v. SMITH & NEPHEW, INC.
Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Petition for rehearing en banc of a panel decision of an appeal from the Patent...more
ALLEN V. COOPER -
Before Kagan, Roberts, Alito, Sotomayor, Gorsuch, Kavanaugh, Thomas, Breyer, and Ginsburg. Appeal from the Fourth Circuit.
Summary: States cannot be sued for copyright infringement as the Copyright...more
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
PETER V. NANTKWEST, INC.
Before Sotomayor, Roberts, Ginsburg, Breyer, Alito, Kagan, Gorsuch, and Kavanaugh. Appeal from the Federal Circuit on rehearing en banc.
Summary: A patent applicant appealing an adverse decision...more
OSI PHARMACEUTICALS, LLC v. APOTEX INC -
Before Stoll, Newman, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: A pharmaceutical company’s statement touting the completion of Phase I safety trials...more
10/9/2019
/ Clinical Trials ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Prior Art ,
Reasonable Expectations Test
BOARD OF REGENTS v. BOSTON SCIENTIFIC CORP.
Before Prost, Reyna, and Stoll. Appeal from the United States District Court for the Western District of Texas.
Summary: The patent venue statute governs actions filed by a...more
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
TQ Delta LLC v. Dish Network LLC -
Before: Newman, Linn, and Wallach. Appeal from the Patent Trial and Appeal Board.
Summary: The rights of parties in an IPR are not violated when the PTAB provides adequate notice of...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
Before Moore, Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board -
Summary: Industry skepticism is a question of fact that weighs in favor of non-obviousness and can range on a scale, with the most weight...more
Federal Circuit Summary -
Before Lourie, O’Malley, and Stoll. Appeal from District of Delaware.
Summary: Under step one of Alice, a claim is not directed to an abstract idea when it recites a specific technique to...more
3/26/2019
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Intellectual Property Protection ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Software Developers ,
Software Patents ,
Willful Infringement
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 -
On March 22, 2018, a Texas federal court awarded patent infringement damages totaling over $8 million and ongoing royalties in a case involving multiple patents related to voice over IP...more
Patent Judgments & Awards -
Univ. of Fla. Bd. of Trustees v. Hartmann’s Plant Co., No. 1:16-CV-00027-MW-GRJ (N.D. Fla.) -
The University of Florida obtained patents covering new varieties of blueberry plants that can be...more
8/14/2017
/ Contract Termination ,
Damages ,
IP License ,
Patent Infringement ,
Patents ,
Permanent Injunctions ,
Plant Patents ,
Preliminary Injunctions ,
TRO ,
University of Florida ,
Willful Infringement
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