Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
CASE OF THE WEEK Beteiro, LLC v. Draftkings Inc ., Appeal Nos. 2022-2275, -2277, -2278, -2279, -2281, 2283 (Fed. Cir. June 21, 2024) In its only precedential patent opinion this week, the Federal Circuit affirmed the Rule 12(b)(6) dismissal of multiple…
Written by : Mark Rubinshtein, Ph.D. The United States District Court for the District of Delaware recently denied United Therapeutics Corporation ‘s motion for a preliminary injunction. The motion sought to prevent Liquidia Technologies, Inc. from…
In an ever-evolving global marketplace, trademarks serve as critical tools for businesses to protect, differentiate, and optimize their unique assets. As more than mere company logos, trademarks represent the embodiment of a company's brand identity…
CASE OF THE WEEK EcoFactor, Inc. v. Google LLC , Appeal No. 2023-1101 (Fed. Cir. June 3, 2024) In the Federal Circuit’s only precedential patent opinion this week, the court addressed issues of infringement and admissibility that arose after a jury…
Understanding the trends of the trademark industry is vital for developing strategies but also for maintaining a competitive edge. We released our most recent Trademark Intelligence Report in April to facilitate this understanding. This detailed report…
Written by : Susan E. Pratt, Ph.D. & Nathan D. Reeves ECOFACTOR, INC. V. GOOGLE LLC Before Lourie, Prost, and Reyna . Appeal from the United States District Court of the Western District of Texas. Summary : License agreements containing a lump-sum payment…
Written by : Julie Kim & Brandon G. Smith Speck v. Bates Before Dyk , Bryson, and Stoll. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary : Comparing pre-Section 135 bar date claims to amended post-bar date…
Written by : Jessie Yang & Brandon G. Smith LUCA MCDERMOTT CATENA GIFT TRUST v. FRUCTUOSO-HOBBS SL Before Lourie , Reyna, and Chen. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary : Parties that own…
Our latest annual Patent Intelligence Report was released in late March of this year. This report reflects our comprehensive analysis of five years' worth of patent data, spanning from January 1, 2019, to December 31, 2023. A variety of metrics related…
CASE OF THE WEEK LKQ Corporation v. GM Global Technology Operations LLC, Appeal No. 2021-2348 (Fed. Cir. May 21, 2024) In a rare en banc opinion, the Federal Circuit overruled decades of prior precedent concerning the standard to evaluate the obviousness…
Written by : Robert W. Servilio & Justin J. Gillett LKQ Corp. v. GM Glob. Tech. Operations LLC [EN BANC OPINION] Before Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark. Appeal from the United States Patent and Trademark Office,…
Written by : Kenneth O. Aruda, Ph.D. & Justin J. Gillett Core Optical Technologies, LLC v. Nokia Corporation Before Dyk, Mayer, and Taranto. Appeal from the Central District of California. Summary: Applying California law, the phrase “entirely on my…
