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Recent Posts
- USPTO decision finding Sony’s CD recording claims obvious reversed by Federal Circuit due to improper means-plus-function determination (“computer-implemented” limitation requires algorithm)
- Federal Circuit reverses DC grant of SJ based on § 102(b) on-sale bar defense (e.g., inventor declarations not “sham affidavits”)
- Federal Circuit reverses DC and finds Horizon’s ‘907 and ‘285 Vimovo® Orange Book patents invalid for lack of written description
- Fed. Cir. affirms PTAB IPR decision finding BTGs’s ZYTIGA® (abiratone) Orange Book ‘438 method of treatment patent invalid for obviousness
- Amarin Pharma, Inc. et al. v. International Trade Commission (ITC) (Appellee) and Royal DSM NV, et al. (Intervenors)
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Category Archives: Claim Differentiation
RealTime Data, LLC, DBA IXO vs. USPTO
Docket No. 2018-1154 (IPR2016-00783) DYK, TARANTO, STOLL January 10, 2019 Brief summary: Board IPR decision finding RT’s patent invalid for obviousness affirmed. Summary: RealTime’s (RT) appealed Board final written decision (FWD) finding the challenged claims of US 6,597,812 relating to … Continue reading
Sanofi-Aventis U.S. LLC/Genzyme et al. v. Immunex Corp.
IPR2017-01879 and -01884 (US 8,679,487 B2) February 15, 2018 Brief summary: Sanofi’s IPR petitions against Immunex’s ‘487 patent directed to anti-IL-4R antibodies instituted on grounds of anticipation and obviousness. Sanofi’s previously denied IPR petition found not to prohibit filing of … Continue reading
Intellectual Ventures I LLC, et al. v. Motorola Mobility LLC et al.
Docket No. 2016-1795 NEWMAN (C/D), DYK, TARANTO September 13, 2017 Brief summary: DC denial of JMOL to Motorola affirmed with respect to invalidity but reversed as to direct infringement under 35 USC § 271(a) (e.g., “the end user must be … Continue reading
Eli Lilly and Company v. Teva Parenteral Medicines, Inc. et al.
Docket No. 2015-2067 REYNA, HUGHES, STOLL January 12, 2017 Brief Summary: DC decision finding of direct infringement by physicians and induced infringement (§ 271(b)) by Teva as well as no obviousness affirmed. Summary: Teva et al. (“Teva”) appealed DC finding … Continue reading
Poly-America, L.P. v. API Industries, Inc.
Docket No. 2016-1200 PROST, REYNA, HUGHES October 14, 2016 Brief Summary: DC claim construction based on “clear and unequivocal statements” in the specification and during prosecution affirmed. Summary: Poly-America appealed DC claim construction of the term “short seal” in US … Continue reading
Wi-LAN USA, Inc. et al. v. Apple Inc.
Docket No. 2015-1256 LOURIE, BRYSON, CHEN August 1, 2016 Brief Summary: DC’s constructions of “specified connection” and “UL connections” as well as its grant of SJ of noninfringement to Apple affirmed. Summary: Wi-LAN appealed DC grant of SJ of noninfringement … Continue reading
Indacon, Inc. v. Facebook, Inc.
Docket No. 2015-1129 NEWMAN, REYNA, STOLL June 6, 2016 Brief Summary: DC claim constructions based on specification and prosecution history found not to be erroneous and the judgment of noninfringement affirmed. Summary: Indacon appealed DC construction of the terms “alias” … Continue reading
