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

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

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

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

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

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

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

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