Monthly Archives: May 2016

In re: Aqua Products, Inc.

Docket No. 2015-1177 (appeal from IPR2013-00159) PROST, REYNA, STARK (DJ) May 25, 2016 Update: Petition for rehearing en banc granted Aug. 12, 2016 regarding amendment process during IPR. Update 2:  USPTO issued guidance on Nov. 21, 2017, explaining that “the … Continue reading

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

Diamond Coating Technologies, LLC et al. v. Hyundai Motor America, et al.

Docket No. 2015-1844, -1861 DYK, SCHALL, HUGHES May 17, 2016 Brief Summary: DC dismissal of its infringement suit against Hyundai because the agreement with the original assignee of the patents (Sanyo) “did not confer patentee status on Diamond, allowing Diamond … Continue reading

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TLI Communications LLC v. AV Automotive et al. (including Twitter, Pintrest, TripAdvisor, Vine, Apple, Google, Facebook, Instagram)

In re: TLI Communications LLC Patent Litigation Docket No. 2015-1372, -1376, -1377-79, -1382-85, -1417, -1419, -1421 DYK, SCHALL, HUGHES May 17, 2016 Brief Summary: DC finding that TLI’s US 6,038,295 relating to the uploading of digital photos from a mobile … Continue reading

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Intendis GmbH, et al. (Bayer) v. Glenmark Pharmaceuticsl Inc., USA et al.

Docket No. 2015-1902 PROST, MOORE, TARANTO May 16, 2016 Brief Summary: DC finding that Glenmark’s proposed generic (ANDA) version of Fincaea® Gel for treatment of rosacea infringed claims 1-12 of US 6,534,070 under the doctrine of equivalents (DOE) and were … Continue reading

Posted in Claim Construction, Doctrine of equivalents, Obviousness | Leave a comment

Coherus Biosciences Inc. v. Abbvie Biotechnology Ltd.

IPR2016-00172 U.S. Pat. No. 8,889,135B2 May 17, 2016 Decision instituting IPR Update: See summary of May 16, 2017 FWD finding claims 1-5 unpatenable. See also July 6, 2017 FWD in IPR2016-00408 and IPR2016-00409 (both requested by Boehringer Ingelheim) finding claims … Continue reading

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Merck & CIE et al. v. Watson Laboratories, Inc.

Docket No. 2015-2063, -2064 DYK, MAYER, HUGHES May 13, 2016 Brief Summary: DC decision that there was no § 102(b) on-sale bar reversed due to fax including “all the required elements to qualify as a commercial offer for sale” (“essential … Continue reading

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Howmedica Osteonics Corp., Stryker Ireland Ltd. v. Zimmer, Inc., Wright Medical Technology, Inc., Smith & Nephew, Inc.

Docket No. 2015-1232, -1234, -1239 O’MALLEY, PLAGER, WALLACH May 12, 2016 Brief Summary: DC claim construction (“there is a fine line between reading a claim in light of the written description and reading a limitation into the claim from” it), … Continue reading

Posted in Claim Construction, Claim Differentiation, Doctrine of equivalents, Written description | Leave a comment