Category Archives: Assignment / Ownership

ITC findings that Bio-Rad infringed and does not co-own 10X patents affirmed

Bio-Rad Laboratories, Inc. v. International Trade Commission, 10X Genomics Inc. Docket No. 2020-1785 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1785.OPINION.4-29-2021_1770917.pdf) TARANTO, CHEN, STOLL April 29, 2021 Brief Summary:  ITC infringement and no co-ownership findings affirmed. Summary:  Bio-Rad appealed International Trade Commission (ITC) decision finding infringement and … Continue reading

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DC erred in denying ownership of foreign patents arising from non-disclosure agreement

SiOnyx LLC et al. v. Hamamatsu Photonics K.K. et al. Docket No. 2019-2359, 2020-1217 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-2359.OPINION.12-7-2020_1697100.pdf) LOURIE, REYNA, WALLACH December 7, 2020 Brief Summary:  DC erred in failing to transfer ownership of foreign patents arising from confidential information disclosed under an … Continue reading

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UT cannot be involuntarily joined due to state sovereignty, but DC incorrectly analyzed whether case could proceed without UT

Gensetix, Inc. / Univ. Texas v. Baylor College of Medicine Docket No. 2019-1424 NEWMAN (D/C), O’MALLEY, TARANTO (C) July 24, 2020 Brief Summary: DC correctly found UT could not be involuntarily joined under Eleventh Amendment but abused its discretion in … Continue reading

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DC decision of no invalidity including no common ownership regarding double-patenting affirmed

Immunex Corporation, Amgen Manuf., Ltd., Hoffman La-Roche Inc. v. Sandoz Inc., et al. Docket No. 2020-1037 O’MALLEY, REYNA (D), CHEN July 1, 2020 Update (May 17, 2021):  SCOTUS denied Sandoz’s petition for writ of certiorari. Brief Summary: DC finding of … Continue reading

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Corrected assignment effective to show ownership, willful infringement finding and prejudgment interest award affirmed

Jodi A. Schwendimann, Cooler Concepts, Inc. v. Arkwright Advanced Coating, Inc. Docket No. 2018-2416, 2019-1012 O’MALLEY, REYNA, WALLACH May 13, 2020 Brief Summary: DC finding of willful infringement and award of prejudgment interest affirmed; “corrected nunc pro tunc” assignment effective … Continue reading

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DC decision vacated and remanded since it should have considered whether assignee AMD should be joined as a necessary party

Lone Star Silicon Innovations, LLC v. Nanya Tech. Corp. et al. Docket 2018-1581, -1582 O’MALLEY, REYNA, CHEN May 30, 2019 Brief summary: DC decision vacated and remanded since it should have considered whether assignee AMD should be joined as a … Continue reading

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Arista Networks, Inc. v. Cisco Systems, Inc.

Docket Nos. 2017-1525, -1577 (IPR2015-00978) PROST, SCHALL, CHEN Nov. 9, 2018 Brief summary: Board IPR decision remanded for reconsideration under FC panel’s revised claim construction. Board decision that assignor estoppel does not apply to IPRs affirmed. Summary: Arista and Cisco … Continue reading

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Mylan Pharmaceuticals Inc. et al. v. Saint Regis Mohawk Tribe

IPR Nos. 2016-01127 through -001132 U.S. Pat. Nos. 8,685,930B2; 8,629,111 B2; 8,642,556 B2; 8,633,162 B2; 8,648,048 B2; 9,248,191 B2 (“Allergan patents”) USPTO Decision Denying Tribe Motion to Terminate Brief summary: Board denied the Tribe’s motion to dismiss the IPR proceedings … Continue reading

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Advanced Video Technologies LLC v. HTC Corporation et al.

Docket Nos. 2016-2309-11 NEWMAN (D), O’MALLEY (C), REYNA January 11, 2018 Brief summary: DC dismissal for lack of standing because a co-owner’s ownership interests in the patent were not transferred to” AVT “under the terms of an employment agreement” and … Continue reading

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Galen J. Suppes v. Kattesh V. Katti, et al.

Docket No. 2017-1142 NEWMAN, WALLCH, CHEN October 3, 2017 Non-precedential Brief summary: DC dismissal of Mr. Suppes complaint against university employer for declining to file patent applications for certain of his ideas and not allowing him to do so without … Continue reading

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