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1
Federal Circuit PTAB Appeal Statistics – October 2016
Through October 1, 2016, the Federal Circuit decided 120 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 95 (79.17%) of the cases, and reversed or vacated the PTAB on every issue in 9 (7.50%) of the cases.
United States
17 Sep 2019
2
September 2019 - Last Month At The Federal Circuit Podcast Series
Welcome to the Last Month at the Federal Circuit, a look at recent Federal Circuit decisions impacting the intellectual property community.
United States
12 Sep 2019
3
Podcast Series: Last Month At The Federal Circuit - September 2019
Welcome to the Last Month at the Federal Circuit, a look at recent Federal Circuit decisions impacting the intellectual property community.
United States
12 Sep 2019
4
35 U.S.C. § 314(d) Prevents Appeal Of PTAB's Decision To Deny Institution Upon Reconsideration
In BioDelivery Sciences International, Inc. v. Aquestive Therapeutics, Inc., Nos. 19-1643, 19-1644, 19-1645 (Fed. Cir. Aug. 29, 2019), the Federal Circuit granted Aquestive
United States
12 Sep 2019
5
Claim Language "Lofty . . . Batting" Found Not Invalid On Indefiniteness And Anticipation Grounds
In Guangdong Alison Hi-Tech Co. v. International Trade Commission, No. 2018-2042 (Fed. Cir. Aug. 27, 2019), the Federal Circuit affirmed the ITC's findings that the claims of U.S.
United States
12 Sep 2019
6
"Wherein" Clauses May Be Limiting
In Allergan Sales, LLC v. Sandoz, Inc., No. 2018-2207 (Fed. Cir. Aug. 29, 2019), the Federal Circuit held that the "wherein" clauses in Allergan's method-of-treatment claims are limiting.
United States
12 Sep 2019
7
IPR Estoppel Does Not Apply To Physical Products Described In Printed Publications Available During IPR
In Polaris Indus., Inc. v. Arctic Cat Inc., the court (District of Minnesota) held that defendant was not estopped under § 315(e)(2) from asserting three invalidity combinations involving physical
United States
11 Sep 2019
8
Prove It Or Lose It: Adidas AG's Loss Of Rights In The EU Serves As Another Stark Reminder Of The Importance Of Sufficient Evidence Of Use
By way of background, in 2014 Shoe Branding Europe filed an invalidation action against adidas AG's EU Registration No. 12442166
United States
10 Sep 2019
9
Ridesharing Dispute Exposes Differences Between Strong And Weak Patents
In the late 1990's, Stephen Dickerson, then a Professor at Georgia Tech, developed what he claims is the basis for all ridesharing technology
United States
9 Sep 2019
10
"Substantially Equivalent" Method Of Obtaining Dissolution Profile Meets Written Description Requirement
In Nalpropion Pharmaceuticals v. Actavis Laboratories FL, Inc., No. 2018-1221, the Court addressed whether a particular claimed dissolution profile had the requisite written description support.
United States
5 Sep 2019
11
Recent Developments In Patent Law: Non-Obviousness Of Pharmaceutical Formulations
The development of pharmaceutical products is often expensive and unpredictable. Researchers investing the time and resources to develop a novel and non-obvious advancement over the art are rewarded with patent protection
United States
4 Sep 2019
12
Spotlight On Upcoming Oral Arguments – September 2019
Chrimar sued ALE alleging that ALE's products infringed four of Chrimar's patents. The district court found that the patents were valid and awarded damages and ongoing royalties to Chrimar.
United States
2 Sep 2019
13
Claim Amendment To Avoid Unrelated Prior Art Protein Is Unrelated To Codon-Randomized Versions Of Protein-At-Issue And Do Not Trigger Prosecution History Estoppel Under The Tangential Exception
In Ajinomoto Co. v. Int'l Trade Comm'n, Nos. 2018-1590, 2018-1629 (Fed. Cir. Aug. 6, 2019), the Federal Circuit applied the tangential relation exception
United States
29 Aug 2019
14
Federal Circuit Required Resolution Of Claim Construction Dispute Before Ruling On Patent Eligibility At Rule 12(c) Stage
In MyMail, Ltd., v. ooVoo, LLC IAC Search & Media, Inc., Nos. 2018-1758, 2018-1759 (Fed. Cir. Aug. 16, 2019), the Court vacated and remanded a determination regarding patent eligibility
United States
29 Aug 2019
15
The Federal Circuit Adopts A Liberal, Notice-Based Interpretation Of The Relation Back Doctrine Under Rule 15(c)
In Anza Technology, Inc. v. Mushkin Inc., No. 2019-1045 (Fed. Cir. Aug. 16, 2019), the Court assessed whether claims in an amended complaint could relate back to the filing date of the original
United States
28 Aug 2019
16
Podcast Series: Last Month At The Federal Circuit - August 2019
Welcome to the Last Month at the Federal Circuit–a look at recent Federal Circuit decisions impacting the intellectual property community.
United States
28 Aug 2019
17
Podcast: August 2019 - Last Month At The Federal Circuit Podcast Series
Welcome to the Last Month at the Federal Circuit–a look at recent Federal Circuit decisions impacting the intellectual property community.
United States
28 Aug 2019
18
The Tangential Exception To Prosecution History Estoppel Should Not Be Viewed Rigidly
In Eli Lilly & Company v. Hospira, Inc., Nos. 2018-2128, 2018-2127 (Fed. Cir. Aug. 9, 2019), the Federal Circuit affirmed the district court's
United States
27 Aug 2019
19
Certain Patent Activity Is Sufficient To Confer U.S. Jurisdiction Over Foreign Entity
In Genetic Veterinary Sciences, Inc. v. Laboklin GMBH & Co. KG, No. 2018-2056 (Fed. Cir. Aug. 9, 2019), the Federal Circuit affirmed the district court's determination that certain asserted claims
United States
27 Aug 2019
20
No Bright-Line Rule Regarding Proportionate Litigation In Exceptional Case Context
In ATEN International Co. v. Uniclass Tech. Co., No. 2018-1922 (Fed. Cir. Aug. 6, 2019), the Federal Circuit affirmed a denial of a motion under 35 U.S.C. § 285, which allows for the award
United States
27 Aug 2019
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