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- IPR obviousness decision vacated and remanded as patent expired and Sumimoto had no “interest in any forward-looking exclusion” or past infringement by unlicensed sales (IPR addresses “patient” vs. population but not discussed here)
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Monthly Archives: May 2018
Ericsson Inc. et al. v. Intellectual Ventures I LLC
Docket No. 2016-1671 (IPR2014-00963) PROST, NEWMAN, WALLACH (D) May 29, 2018 Brief summary: PTAB IPR decision finding IV’s claims relating to “frequency hopping” in wireless systems not to be invalid for anticipation or obviousness reversed and remanded. Summary: Ericsson appealed … Continue reading
UCB, Inc. et al. v Accord Healthcare et al.
Docket No. 2017-1909, -1910 REYNA, CLEVENGER, WALLACH May 21, 2018 Brief summary: DC decision of no invalidity of UCB’s OB claims covering the anti-epileptic Vimpat® affirmed. Summary: Accord appealed DC decision that UCB’s RE38,551 covering the anti-epileptic functionalized amino acid … Continue reading
D Three Enterprises, LLC v. Sunmodo Corp. / Rillito River Solar LLC (EcoFasten)
Docket No. 2017-1909, -1910 REYNA, CLEVENGER, WALLACH May 21, 2018 Brief summary: DC decision of invalidity for lack of written description (WD) affirmed because, e.g., “adequate [WD] does not ask what is permissible, rather, it asks what is disclosed” (Ariad, … Continue reading
Posted in Priority, Written description
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Endo Pharmaceuticals, Inc., Grunenthal GmbH v. Teva Pharm. USA, et al.
Docket No. 2015-2021(22 others) MOORE, BRYSON, HUGHES May 16, 2018 Non-precedential Brief summary: DC findings that the proposed ANDA of Endo’s OPANA®ER infringe the claims, and that those claims are not invalid for obviousness or indefiniteness, affirmed. Summary: Teva et … Continue reading
SAP America, Inc. v. InvestPic, LLC
Docket No. 2017-2081 LOURIE, O’MALLEY, TARANTO May 15, 2018 Brief summary: DC grant of SJ to SAP finding the asserted claims patent ineligible under § 101 affirmed (e.g., “not a physical-realm improvement but an improvement in wholly abstract ideas”). Summary: … Continue reading
Posted in Patentability, Software
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Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc.
Docket No. 2017-1487 (PGR2015-00011) O’MALLEY, SCHALL (D), WALLACH May 2, 2018 Brief summary: PTAB FWD after PRG of Paragon’s patent relating to the use of chirally pure R-phenylephrine in ophthalmic compositions reversed-in-part, vacated-in-part, and remanded. Summary: Altaire appealed PTAB final … Continue reading
AIDS Healthcare Foundation, Inc. v. Gilead Sciences, Inc. et al.
Docket No. 2016-2475 MOORE, REYNA, TARANTO May 11, 2018 Brief summary: DC dismissal of AHF’s request for DJ for not relating to a current “substantial controversy” affirmed. Summary: AHF appealed DC dismissal of its request for a declaratory judgment (DJ) … Continue reading
Valmont Industries, Inc. v. Lindsay Corp.
Docket No. 2017-1235, -1288 (IPR2015-01039) MOORE, REYNA, TARANTO May 9, 2018 Non-precedential Brief summary: PTAB decision of obviousness of certain claims affirmed; decision of non-obviousness of claim 11 reversed based on revised claim construction. Summary: Valmont appealed final PTAB decision … Continue reading
The General Hospital Corporation v. Sienna Biopharmaceuticals, Inc.
Docket No. 2017-1012 MOORE, REYNA, TARANTO May 4, 2018 Brief summary: PTAB claim construction affirmed but denial of GHC’s motion to introduce a new claim vacated and remanded. Summary: GHC appealed PTAB dismissal of an interference (with Sienna’s US 8,821,941) … Continue reading
Posted in Claim Construction, Interference, Obviousness
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Texas Advanced Optoelectronic Solns., Inc. v. Intersil Corp. et al.
Docket No. 2016-2121, -2208, -2235 DYK, BRYSON, TARANTO May 1, 2018 Brief summary: DC decision relating to trade secret misappropriation affirmed- and vacated-in-part (e.g., “Intersil did not misappropriate information that it already had” but did not show alleged trade secret … Continue reading
Posted in Damages, Infringement, Trade Secret, Willfullness
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Federal Circuit summaries 