Appeals, precedential opinions and what they change downstream.
179 articles · page 15 of 15
BERTINI v. APPLE INC. Before Moore , Taranto and Chen. Appeal from the Patent Trial and Appeal Board. Summary : Tacking a mark for one good or service does not grant priority for every other good or service in the trademark application. Apple filed a…
CASE OF THE WEEK Roku, Inc. v. Universal Electronics, Inc. , Appeal No. 2022-1058 (Fed. Cir. Mar. 31, 2023) In this week’s Case of the Week, the Federal Circuit affirmed the U.S. Patent Trial and Appeal Board’s (PTAB’s) final written…
Written by : Brandon G. Smith ROKU, INC. v. UNIVERSAL ELECTRONICS, INC. Before Newman, Reyna, and Stoll . Appeal from the Patent Trial and Appeal Board. Summary : When an appeal from the PTAB addresses only a factual issue, the substantial evidence…
CASE OF THE WEEK Apple Inc. v. Vidal , Appeal No. 2022-1249 (Fed. Cir. Mar. 13, 2023) In our Case of the Week, the Federal Circuit allowed Apple’s challenge to the Patent Trial and Appeal Board’s (“PTAB”) Fintiv rules to proceed, at…
Written by : Justin J. Gillett & Eric Wittgrove INTEL CORP. V. PACT XPP SCHWEIZ AG Before Newman, Prost , and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Under the “known-techniques” rationale, a motivation to combine two…
Written by : J ustin J. Gillett & Kenneth O. Aruda, Ph.D. ALTERWAN, INC. V. AMAZON.COM, INC., AMAZON WEB SERVICES, INC. Before Lourie, Dyk , and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: The Federal Circuit…
Written by : Justin J. Gillett & David J.K. Hulett APPLE INC. v. VIDAL Before Lourie, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: Judicial review is available to determine whether the…
CASE OF THE WEEK Regents of the University of Minnesota v. Gilead Sciences, Inc. , Appeal No. 21-2168 (Fed. Cir. Mar. 6, 2023) The Federal Circuit’s only precedential patent opinion this week focuses on the written description requirement in the…
Written by : Brandon D. Hupka & Hans L. Mayer REGENTS OF THE UNIVERSITY OF MINNESOTA V. GILEAD SCIENCES, INC. Before Lourie , Dyk, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : For drug patents, adequate written description of a broad…
CASE OF THE WEEK Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals, LLC , Appeal No. 2023-1186 (Fed. Cir. Feb. 24, 2023) In this week’s Case of the Week, the Federal Circuit affirmed a permanent injunction requiring appellant Jazz…
Written by : Tyler S. Cox & Kendall Loebbaka 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…
