Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Written by : Ashley C. Morales & Joseph Mallon, Ph.D. In Baxalta Incorporated v. Genentech, Inc. , 2022-1461, the Federal Circuit affirmed the district court’s decision granting Genentech’s motion for summary judgment that claims 1-4, 9, and 20…
CASE OF THE WEEK Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc. , Appeal Nos. 2021-2299, -2338 (Fed. Cir. Sept. 15, 2023) In a decade-old case that has raised a number of issues relating to design patents over two separate…
Written by : Rhett D. Ramsey & Jacob R. Rosenbaum Elekta Limited v. Zap Surgical Systems, Inc. Before: Reyna , Stoll, and Stark. Appeal from the Patent Trial and Appeal Board. Summary : Patentee’s failure during prosecution to distinguish relevant…
In the ever-evolving landscape of patent law, the Court of Appeals for the Federal Circuit (CAFC) has played a pivotal role in shaping the rules and precedents governing intellectual property. Over the years, several landmark cases heard by the CAFC have…
Written by : Brianne M. Kingery & Daniel Kiang APPLE INC. v. COREPHOTONICS, LTD. Before Stoll , Linn, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: An IPR final written decision based on a party’s brief mention of an error in an…
Written by : Raymond S. Lu & Daniel Kiang NETFLIX, INC. v. DivX, LLC Before Hughes, Stoll , and Stark. Appeal from the Patent Trial and Appeal Board. Summary : Petitioner was not required to explicitly identify secondary reference’s “field of…
In the dynamic realm of intellectual property, remaining at the forefront is absolutely essential. Tomorrow marks the release of a pivotal milestone – the seventh edition of our IPR Intelligence Report, now reborn as the PTAB Intelligence Report.…
In the world of patent law, Post-Grant Review (PGR) and Inter Partes Review (IPR) are crucial mechanisms for challenging the validity of issued patents. Understanding the differences between PGR and IPR is essential for patent owners and challengers alike.…
In a significant turn of events, Google has secured a major legal victory as a Delaware federal judge has ruled to nullify a $15.1 million verdict against the tech giant in a jury trial related to playlist features in its Google Play Music app. The…
CASE OF THE WEEK In re Cellect, LLC , Appeal Nos. 2022-1293, -1294, -1295, -1296 (Fed. Cir. Aug. 28, 2023) In a significant appeal from ex parte reexamination proceedings before the Patent Trial and Appeal Board, the Federal Circuit addressed whether…
CASE OF THE WEEK Volvo Penta of the Americas, LLC v. Brunswick Corp. , Appeal No. 2022-1765 (Fed. Cir. Aug. 24, 2023) In its only precedential patent case of the week, the Federal Circuit held the Patent Trial and Appeal Board erred in finding a boat…
Written by : Nefi R. Oliva & Nathan D. Reeves IN RE CELLECT, LLC Before Lourie , Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Obviousness-type double patenting analyses for patents with Patent Term Adjustments are based on the…
