Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
CASE OF THE WEEK Sequoia Technology, LLC v. Dell, Inc. , Appeal Nos. 2021-2263, -2264, -2265, -2266 (Fed. Cir. Apr. 12, 2023) In an appeal from a stipulated judgment of noninfringement and invalidity following an adverse claim construction ruling from the…
In March, the fifth annual Patent Intelligence Report was released, which maps patent prosecution activity and provides an in-depth analysis of patenting trends. We've previously shared a few key takeaways from this report, including the rankings of…
Section 1498 of the US Code is a law that allows the US government to use patented technology without the owner's permission, provided that it pays the owner reasonable compensation. The law has been in place since 1910, and its origins can be traced…
Written by : Blake A. Winn & Jason J. Jardine The “Orange Book”, more formally known as Approved Drug Products with Therapeutic Equivalence Evaluations, identifies U.S. Food and Drug Administration (FDA) approved drug products as well as any…
Written by : Ashley C. Morales & Michael L. Fuller In ChromaDex, Inc. v Elysium Health, Inc., Appeal No. 2022-1116, the Federal Circuit upheld the invalidity of a claim reciting a supplement comprising nicotinamide riboside (“NR”), a component…
Written by : Jack Hendershott & Jacob R. Rosenbaum SALAZAR V. AT&T MOBILITY LLC Before Stoll , Schall, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Summary : While the indefinite article “a” means…
In late March, we released our fifth annual Patent Intelligence Report, which analyzes the patent prosecution landscape over the past five years, spanning from January 1, 2018, to December 31, 2022. According to our data, there are 30,777 registered patent…
Trademark infringement is a serious legal matter that can result in costly damages, lost revenue, and harm to a company's reputation. If a business is accused of infringing on someone else's trademark, it is crucial to understand the potential…
Written by : Zachary B. Messick & Douglas B. Wentzel ARBUTUS BIOPHARMA CORPORATION v. MODERNATX, INC. Before Reyna , Schall, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : Arbutus’ patent was anticipated by an earlier Arbutus…
Written by : Ari Feinstein & Agnes Juang, Ph.D. On March 29, 2023, the Solicitor General of the United States asked the Supreme Court to review a Federal Circuit judgment in a Hatch-Waxman case between Teva and GSK. In its decision below, the Federal…
CASE OF THE WEEK Ironburg Inventions Ltd. v. Valve Corp. , Appeal Nos. 2021-2296, 2021-2297, 2022-1070 (Fed. Cir. April 3, 2023 ) In this week’s Case of the Week, the Federal Circuit provided new guidance in applying the estoppel provisions of 35…
Written by : Adam G. Copeland Cranial Technologies, Inc. sued Ottobock SE & Co. KGaA and Active Life LLC in the U.S. District Court for the Central District of California on March 29, 2023. The lawsuit alleges that Ottobock’s MyCRO Band and iFab…
