Monthly Archives: December 2015

Commil USA, LLC v. Cisco Systems, Inc.

Posted on December 29, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2012-1042 PROST, NEWMAN, O’MALLEY December 28, 2015 Brief Summary: DC decision of infringement reversed because one of the claimed steps is not performed by either Cisco or its customers. Summary: A 2013 FC decision reversed the DC finding … Continue reading →

Posted in Assignment / Ownership, Claim Construction, Infringement | Leave a comment

South Alabama Med. Sci. Fndtn. (“SAM”) v. Gnosis S.P.A. et al.

Posted on December 29, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2014-1778, -1780, -1781 (from IPR2013-00116) NEWMAN(D), PLAGER, HUGHES December 17, 2015 UPDATE: Petition for rehearing en banc denied April 26, 2016. Judges O’Malley, Wallach and Stoll concurred (“While I understand Merck’s concerns, and those of the dissent, I … Continue reading →

Posted in Inter Parties Review (IPR), IPR, Obviousness | Leave a comment

In re Simon Shiao Tam

Posted on December 23, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2014-1203 (Ser. No. 85/472,044) Dec. 22, 2015 Decided en banc Precedential Brief Summary: The refusal by the PTO to register marks it considers disparaging under § 2(a) of the Lanham Act found unconstitutional under the First Amendment. Summary: … Continue reading →

Posted in Trademarks | Leave a comment

Coalition for Affordable Drugs VII LLC (Petitioner; “CAD”) v. Pozen Inc. (Patent Owner)

Posted on December 21, 2015 by Patrick J. Halloran, Ph.D., J.D.

IPR2015-01344 (U.S. Pat. No. 8,858,996 B2) December 17, 2015 Brief Summary: CAD’s Petition alleging obviousness or anticipation denied because, e.g., the cited art “would [not] have given one of ordinary skill in the art a reason to formulate a tablet … Continue reading →

Posted in Anticipation (35 USC 102), Claim Construction, Inter Parties Review (IPR), Obviousness, Post-grant review, Written description | Leave a comment

Merck & CIE v. Gnosis S.P.A. et al.

Posted on December 18, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2014-1779 NEWMAN(D), PLAGER, HUGHES December 17, 2015 Brief Summary: PTAB decision of obviousness affirmed (motivation derived from prior art, no nexus shown). Judge Newman’s dissent argues post-grant review improperly allows “the petitioner [to] provide invalidity by no more … Continue reading →

Posted in America Invents Act, Inter Parties Review (IPR), Obviousness, Post-grant review | Leave a comment

Openwave Systems, Inc. et al. (“Unwired”) v. Apple Inc. et al.

Posted on December 16, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2015-1108 MOORE, O’MALLEY, CHEN December 15, 2015 Brief Summary: DC construction of “mobile device” affirmed since specification disavowed mobile devices that incorporate computer modules by disparaging the prior art on this point in the specification. Summary: Unwired originally … Continue reading →

Posted in Claim Construction | Leave a comment

Coalition for Affordable Drugs VII LLC (Petitioner; “CAD”) v. Pozen Inc. (Patent Owner)

Posted on December 11, 2015 by Patrick J. Halloran, Ph.D., J.D.

IPR2015-01241 (U.S. Pat. No. 6,926,907 B2) December 8, 2015 Brief Summary: CAD’s Petition alleging obviousness in view of four different cominations of references denied because, e.g., the cited art “would [not] have given one of ordinary skill in the art … Continue reading →

Posted in Generics / ANDA, Inter Parties Review (IPR), Obviousness | Leave a comment

Prolitec Inc. v. Scentair Technologies, Inc.

Posted on December 10, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2015-1020 PROST, NEWMAN(D), TARANTO December 4, 2015 Brief Summary: Board claim constructions and anticipation determination affirmed. Board’s decision refusing to enter amendment during IPR also affirmed because “Prolitec failed to demonstrate that the proposed claim ‘is patentable over’” … Continue reading →

Posted in Anticipation (35 USC 102), Claim Construction, Inter Parties Review (IPR) | Leave a comment

Commonwealth Scientific and Indus. Res. Org. (CSIRO) v. Cisco System, Inc.

Posted on December 8, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2015-1066 PROST, DYK, HUGHES December 3, 2015 Update:  Cert. denied 6/27/16 (15-1440) Brief Summary: Damages award was therefore vacated and remanded as it “must reflect the value attributable to the infringing feature of the product, and no more” … Continue reading →

Posted in Damages, Royalties | Leave a comment

Cardsoft, LLC v. VeriFone, et al.

Posted on December 7, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2014-1135 PROST, TARANTO, HUGHES December 2, 2015 Brief Summary: On remand from SCOTUS, DC construction of “virtual machine” again reversed and VeriFone was granted JMOL of no infringement. Summary: This opinion results from a SCOTUS remand of the … Continue reading →

Posted in Claim Construction, Claim Differentiation | Leave a comment