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Monthly Archives: September 2016
Affinity Labs of Texas, LLC v. DirecTV, LLC
Docket No. 2015-1845-48 PROST, BRYSON, WALLACH September 23, 2016 Brief Summary: DC decision that claims “fail to meet the standard for eligibility under section 101” affirmed (e.g., “[t]he concept…is an abstract idea…untethered to any specific or concrete way of implementing … Continue reading
Posted in Patentability
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Husky Injection Molding Systems Ltd. v. Athena Automation Ltd.
Docket No. 2015-1726, -1727 LOURIE, PLAGER, STOLL September 23, 2016 Brief Summary: Husky’s appeal regards “whether assignor estoppel may bar a party from filing a petition for” IPR was dismissed for lack of jurisdiction. Board decision of no anticipation because … Continue reading
ClassCo Inc. v. Apple, Inc.
Docket No. 2015-1853 TARANTO, BRYSON, STOLL September 22, 2016 Brief Summary: PTAB decision affirming examiner’s obviousness decision after inter partes reexamination of ClassCo’s US 6,970,695 affirmed. Summary: ClassCo appealed PTAB inter partes reexamination decision affirming the examiner’s rejection of certain … Continue reading
Posted in Claim Construction, Obviousness, Reexamination
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Roche Diagnostics Operations, Inc. et al. v. Lifescan Incorporated et al. Docket No. 2015-1356 PROST, MAYER, REYNA September 22, 2016 Non-precedential Brief Summary: DC grant of SJ of non-infringement to Lifescan based on its construction of the term “electrode” affirmed. … Continue reading
Posted in Claim Construction
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Abbott GmbH & Co. KG v. Yeda Res. Develop. Co., Ltd.
Docket No. 2015-1662 REYNA, WALLACH, HUGHES September 20, 2016 Brief Summary: DC decision that Abbott’s “purified and isolated TNF[alpha]-binding protein” claimed in US 5,344,915 is inherently disclosed by a German priority document affirmed. Summary: Yeda appealed 2008 and 2015 DC … Continue reading
Posted in Inherency, Priority, Written description
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LifeNet Health v. LifeCell Corporation
Docket No. 2015-1549 PROST, REYNA, CHEN September 16, 2016 Brief Summary: DC decision denying LifeCell’s motion for a new trail and JMOL following jury finding of infringement and no invalidity affirmed (based on DC’s claim construction). Summary: LifeCell appealed from … Continue reading
MCro, Inc. DBA Planet Blue v. Bandai Namco Games America Inc. et al.
Docket No. 2015-1080 (etc.) PROST, NEWMAN, HUGHES September 13, 2016 Brief Summary: DC decision of unpatentability of claims directed to 3-D animation reversed because, e.g., “the claimed computer-automated process and the prior method were” not “carried out in the same … Continue reading
Posted in Patentability
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Stryker Corporation et al. v. Zimmer, Inc. et al.
Docket No. 2013-1668 PROST, NEWMAN, HUGHES September 12, 2016 Brief Summary: FC panel affirmed DC finding of infringement, willfulness and no invalidity affirmed. Award of treble damages and attorneys fees vacated and remanded “because the standard for finding an exceptional … Continue reading
Asia Vital Components Co., Ltd. v. Asetek Danmark A/S
Docket No. 2015-1597 PROST, LINN, TARANTO September 8, 2016 Brief Summary: DC dimissal DJ action of noninfringement for not pleading sufficient facts to show there was a substantial controversy reversed since Asetek, e.g., “demonstrate[ed] intent to enforce” its patents. Summary: … Continue reading
Posted in Article III disputes, Infringement, Jurisdiction
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UCB, Inc. v. Yeda Research and Development Co., Ltd.
Docket No. 2015-1957 NEWMAN, LOURIE, CHEN September 8, 2016 Brief Summary: DC grant of SJ of non-infringement based on its construction of claim term “monoclonal antibodies” in claim 1 (not amended during prosecution) as excluding chimeric and humanized antibodies due … Continue reading
Posted in Claim Construction, Infringement
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Federal Circuit summaries 