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Recent Posts
- DC decision of infringement and no invalidity of Pharmacyclic’s BTK inhibitor-related patents affirmed
- Board IPR claim construction and obviousness conclusions affirmed, disclaimer made during IPR not binding “in the very IPR proceeding in which it is made”
- SCOTUS denies Juno’s petition for certiorari regarding written description
- SCOTUS grants Amgen’s request for certiorari of lack of enablement of its anti-PCSK9 antibody claims; petition for FC en banc hearing previously denied (June 21, 2021)
- DC claim construction based on definition incorporated-by-reference reversed
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Monthly Archives: December 2019
Secondary consideration presumption of a nexus only where the product “is the invention disclosed and claimed”
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
§ 271(g) held not to be limited by single-entity requirement; label-related copyright claims remanded
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
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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
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
DC decision of infringement and no Safe Harbor (§ 271(e)(1)) for Hospira’s EPO affirmed
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
ITC decision reversed as Chamberlain disavowed openers lacking infrared detectors
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
DC grant of SJ of no literal or DOE infringement affirmed
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
Appeal of IPR decision dismissed as litigation settled and “substantial risk of future infringement” not shown
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
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DC section 101 ineligibility decision reversed since the “the claimed invention is also directed to a non-abstract improvement”
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
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Remanded IPR decision reversed and vacated as “supported by…faulty reasoning”
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
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Federal Circuit summaries 