Monthly Archives: December 2019

Secondary consideration presumption of a nexus only where the product “is the invention disclosed and claimed”

Posted on December 30, 2019 by Patrick J. Halloran, Ph.D., J.D.

Fox Factory Inc. v. SRAM LLC Docket Nos. 2018-2024, -2025 (IPR2017-00118, -00472) PROST, WALLACH, HUGHES December 18, 2019 Brief Summary: Board IPR decision of no obviousness vacated and remanded for reevaluation of secondary consideration evidence with respect to the required … Continue reading →

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

§ 271(g) held not to be limited by single-entity requirement; label-related copyright claims remanded

Posted on December 27, 2019 by Patrick J. Halloran, Ph.D., J.D.

Syngenta Crop Protection, LLC v. Willowood, LLC et al. Docket Nos. 2018-1614, -2044 REYNA, TARANTO, STOLL December 18, 2019 Brief Summary: DC dismissal of copyright claims relating to Syngenta’s label remanded as premature. DC erred by imposing single-entity requirement on … Continue reading →

Posted in Copyright, Importation, Infringement, Uncategorized | Leave a comment

USPTO’s “Informative” denial of IPR institution finds Petitioner did not “explain[] sufficiently why” combination would have been made with a reasonable expectation of success

Posted on December 19, 2019 by Patrick J. Halloran, Ph.D., J.D.

Johns Manville Corp. et al. (Petitioner) v. Knauf Insulation et al. (Patent Owner) IPR2018-00827 (US 9,828,287 B2) Final Written Decision entered October 16, 2018 Designated as Informative by the USPTO on December 11, 2019 Brief Summary: Informative FWD concluded Petitioner … Continue reading →

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

DC decision of infringement and no Safe Harbor (§ 271(e)(1)) for Hospira’s EPO affirmed

Posted on December 17, 2019 by Patrick J. Halloran, Ph.D., J.D.

Amgen Inc. et al. v. Hospira, Inc. Docket Nos. 2019-1067, -1102 MOORE, BRYSON, CHEN December 16, 2019 Brief Summary: DC denial of JMOL and new trial after jury findings of infringement, no anticipation and no Safe Harbor for certain batches … Continue reading →

Posted in Anticipation (35 USC 102), Claim Construction, Infringement, Safe Harbor, FDA exemptions (271(e)(1)), Uncategorized | Leave a comment

ITC decision reversed as Chamberlain disavowed openers lacking infrared detectors

Posted on December 13, 2019 by Patrick J. Halloran, Ph.D., J.D.

Techtronic Industries Co. Ltd. et al. v. Int. Trade Comm., The Chamberlain Group, Inc. Docket Nos. 2018-2191 LOURIE, DYK, WALLACH December 12, 2019 Brief Summary: ITC claim construction and final determination of infringement reversed and vacated. Summary: Techtronic et al. … Continue reading →

Posted in Claim Construction, Infringement, Injunction, International Trade Commission, Uncategorized | Leave a comment

DC grant of SJ of no literal or DOE infringement affirmed

Posted on December 9, 2019 by Patrick J. Halloran, Ph.D., J.D.

Plastic Omnium Advanced Innovation and Research v. Donghee America, Inc. et al. Docket Nos. 2018-2087 NEWMAN, CLEVENGER, REYNA December 3, 2019 Brief Summary: DC grant of SJ of no literal infringement or under the DOE affirmed based on DC claim … Continue reading →

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

Appeal of IPR decision dismissed as litigation settled and “substantial risk of future infringement” not shown

Posted on December 5, 2019 by Patrick J. Halloran, Ph.D., J.D.

Fisher & Paykel Healthcare Ltd. v. ResMed Ltd. Docket Nos. 2018-2262 (IPR2017-00504) November 27, 2019 Non-Precedential Order Brief Summary: ResMed’s motion to dismiss appeal of IPR decision after underlying litigation was settled granted because Fisher did “not provide[] any, let … Continue reading →

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

DC section 101 ineligibility decision reversed since the “the claimed invention is also directed to a non-abstract improvement”

Posted on December 4, 2019 by Patrick J. Halloran, Ph.D., J.D.

Koninkijke KPN N.V. v. Gemalto, et al. and LG Electronics, Inc. Docket Nos. 2018-1863-65 DYK, CHEN, STOLL November 15, 2019 Brief Summary: DC finding of invalidity under § 101 reversed (claims “employs a new way of generating check data”). Summary: … Continue reading →

Posted in Patent Eligibility (101), Software, Uncategorized | Leave a comment

Remanded IPR decision reversed and vacated as “supported by…faulty reasoning”

Posted on December 2, 2019 by Patrick J. Halloran, Ph.D., J.D.

In Re: IPR Licensing, Inc. Docket Nos. 2018-1805 (IPR2014-00525, IPR2015-00074) NEWMAN, O’MALLEY, TARANTO November 22, 2019 Brief Summary: Board remanded IPR decision reversed and vacated as “supported by the same faulty reasoning” as the first IPR decision. Summary: This appeal … Continue reading →

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