Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
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…
In today's digital age, trademarks are becoming increasingly important for businesses looking to protect their brand in the online world. With the rise of social media and online marketing, trademarks are no longer limited to traditional brand…
In a free market economy, competition is essential for promoting innovation, improving product quality, and providing consumers with greater choice and better prices. However, competition can also lead to anti-competitive behavior and the formation of…
Written by : Eric Wittgrove Health Tracker Systems LLC (“Health Tracker”) sued Garmin International, Inc. (“Garmin”) for patent infringement in the Central District of California on March 6, 2023. The lawsuit alleges that…
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…
We released our third Patent Litigation Intelligence Report in late January, a study that covered 18,493 district court patent cases filed over a five year period from July 1, 2017, through June 30, 2022. We analyzed and presented high-level statistics and…
Written by : Nima Zargari, Ph.D. On February 24, 2023, in Jazz Pharms., Inc., v. Avadel CNS Pharms., LLC , the U.S. Court of Appeals for the Federal Circuit affirmed the United States District Court for the District of Delaware’s grant of an…
Digital piracy is a serious threat to the intellectual property rights of content creators and businesses. With the rise of the internet and social media, it has become easier than ever for people to copy and distribute copyrighted materials without…
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…
