Monthly Archives: July 2017

Soft Gel Technologies, Inc. v. Jarrow Formulas, Inc.

Posted on July 28, 2017 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2016-1814, -1815, -1051 PROST, BRYSON, HUGHES July 26, 2017 Brief summary: Board decision of obviousness following inter partes reexamination affirmed (e.g., “absolute predictability” not required, no teaching away). Summary: Soft Gel appealed PTAB inter partes reexamination decision invalidating … Continue reading →

Posted in Obviousness, Obviousness-Teaching Away, Reexamination | Leave a comment

Netlist, Inc. v. Diablo Technologies, Inc.

Posted on July 26, 2017 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2016-1742, -1743, -1744 (IPR2014-00882, -00883, -01011) DYK, TARANTO, HUGHES July 25, 2017 Non-precedential Brief summary: Board’s anticipation/obviousness conclusions following IPR vacated as based on incorrect claim constructions (remanded). Summary: Netlist appealed PTAB IPR final written decision finding certain … Continue reading →

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

HTC Corporation et al. v. Cellular Communications Equipment, LLC

Posted on July 25, 2017 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2016-1858 DYK, REYNA, TARANTO July 17, 2017 Non-precedential Brief summary: PTAB rejection of IPR challenge affirmed based on claim construction (e.g., “[t]he separate naming of two structures in [a] claim strongly implies that the named entities are not … Continue reading →

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

Millenium Pharmaceuticals, Inc. v. Sandoz Inc. et al.

Posted on July 18, 2017 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2015-2066 (several others) NEWMAN, MAYER, O’MALLEY July 17, 2017 Brief summary: DC decision that claims related to Millenium’s Velcade® are invalid for obviousness vacated and remanded. Summary: Millenium appealed DC decision that claims 20, 31, 49 and 53 … Continue reading →

Posted in Generics / ANDA, Obviousness, Obviousness-Teaching Away | Leave a comment

ContentGuard Holdings, Inc. v. Apple Inc.

Posted on July 17, 2017 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2016-1916, -2007 DYK, REYNA, WALLACH July 12, 2017 Non-precedential Brief summary: DC construction of “usage rights” and denial of CG’s Motion for a New Trial regrading to multiple patents relating to digital rights management for computers and other … Continue reading →

Posted in Appeal, Claim Construction | Leave a comment

Genband US LLC v. Metaswitch Networks Corp., et al.

Posted on July 14, 2017 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2017-1148 LOURIE, TARANTO, CHEN July 10, 2017 Brief summary: DC denial of preliminary injunction vacated and remanded as it was not clear it applied the appropriate standards regarding the “‘causal nexus’ between the infringing features of the infringer’s … Continue reading →

Posted in Damages, Infringement | Leave a comment

Outdry Technologies Corp. v. Geox S.P.A.

Posted on July 13, 2017 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2016-1769 (IPR2914-01244) DYK, MOORE, REYNA June 16, 2017 Brief Summary: Board obviousness decision based on reasoning adopted from Geox’s arguments affirmed. The FC panel also explained that “[t]he Board was not required to limit its motivation to combine … Continue reading →

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

IPCom GmbH & Co. v. HTC Corporation

Posted on July 11, 2017 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2016-1474 (PTAB No. 95/001,192) PROST, CLEVENGER, CHEN July 7, 2017 Brief summary: Board’s claim construction of means-plus-function claims (the Board did not ““look to the specification and interpret that language in light of the corresponding structure”) and conclusions … Continue reading →

Posted in Claim Construction, Obviousness, Reexamination | Leave a comment

AdjustaCam, LLC v. Newegg, Inc. et al.

Posted on July 6, 2017 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2016-1882 REYNA, MAYER, HUGHES July 5, 2017 Brief Summary: DC denial of Newegg’s motion for attorneys’ fees under § 285 was reversed and remanded since, e.g., the DC did not “actual[] assess the totality of the circumstances” as … Continue reading →

Posted in Attorney's Fees | Leave a comment

Shinn Fu Co. of America, Inc. et al. v. The Tire Hanger Corp. et al.

Posted on July 4, 2017 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2016-2250 (IPR2015-00208) PROST, REYNA, TARANTO July 3, 2017 Non-precedential Brief Summary: Board decision holding claims patentable vacated for a lack of a proper analysis of Shinn Fu’s obviousness arguments. Summary: Shinn Fu appeled PTAB IPR decision granting Tire … Continue reading →

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