Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Written by : Jacob R. Rosenbaum and Mariam Ghapantsyan DOLBY LABORATORIES LICENSING CORPORATION v. UNIFIED PATENTS, LLC Before Moore , Clevenger and Chen. Appeal from the Patent Trial and Appeal Board. Summary : A patent owner lacks Article III standing to…
Written by : Nathan D. Reeves and Sarah Haj-Maharsi INGENICO INC. v. IOENGINE, LLC Before Dyk, Prost, and Hughes . Appeal from the United States District Court for the District of Delaware. Summary : IPR estoppel does not preclude reliance on public-use…
Written by : Nathan D. Reeves and Kathryn M. McCarthy OPTIS CELLULAR TECHNOLOGY, LLC v. APPLE INC. Before Prost , Reyna, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Summary : Patent plaintiffs have a right to…
Written by : Nathan D. Reeves and Ningxi Sun INCYTE CORPORATION v. SUN PHARMACEUTICAL INDUSTRIES, INC. Before Moore , Hughes, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary : Speculative plans for potentially infringing activity are…
Written by : Daniel Kiang and Kurt M. Jacobs INCYTE CORPORATION V. SUN PHARMACEUTICAL INDUSTRIES, LTD. Before Moore , Prost and Hughes. Appeal from the United States District Court for the District of New Jersey. Summary : A district court erred in issuing…
Written by : Nathan D. Reeves and Michael E. Salamy N RE KOSTIC Before Stoll, Clevenger, and Cunningham . Appeal from the Patent Trial and Appeal Board. Summary : When considering whether a reissue claim broadens the scope of the original patent, the PTAB…
Written by : Daniel Kiang and Dalton A. Couch ALNYLAM PHARMACEUTICALS, INC. v. MODERNA, INC. Before Taranto , Chen, and Hughes. Appeal from the United States District Court for the District of Delaware Summary : Once the high threshold for lexicography is…
Written by : Justin J. Gillett and Bailey R. Arenberg AGILENT TECHNOLOGIES, INC. v. SYNTHEGO CORP. Before Prost , Linn, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Obviousness does not require all claimed limitations to be expressly…
Written by : Justin J. Gillett and Jessie Yang IN RE: PT MEDISAFE TECHNOLOGIES Before Prost, Clevenger, and Stark . Appeal from the Trademark Trial and Appeal Board. Summary: A proposed color mark was found generic where the relevant public perceived the…
Written by : Justin J. Gillett and Oren J. Rosenberg IN RE: VETEMENTS GROUP AG Before Prost, Wallach , and Chen. Appeal from the Trademark Trial and Appeal Board. Summary: A party opposing application of the doctrine of foreign equivalents has the burden…
Written by : Jeremiah S. Helm, Ph.D. and Zachary L. Greenberg ECOFACTOR, INC. V. GOOGLE LLC Before the en banc court, Moore , Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark. Appeal from the United States District Court for the Western…
Written by : Douglas B. Wentzel and Elizabeth "Lizzy" Do RECENTIVE ANALYTICS, INC. v. FOX CORP. Before Dyk , Prost, and Goldberg. Appeal from the United States District Court for the District of Delaware. Summary : The Federal Circuit found that…
