Category Archives: Procedural Issues

William Grecia v. McDonald’s Corporation

Posted on March 7, 2018 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2017-1672 DYK, REYNA, TARANTO March 6, 2018 Non-precedential Brief summary: DC’s dismissal of complaint alleging that McDonald’s “through its use of various credit card companies’ authorization networks directly infringed” under § 271(a) affirmed because the only benefits to … Continue reading →

Posted in Appeal, Procedural Issues | Leave a comment

Silver Peak Systems, Inc. v. Joseph Matal (USPTO)

Posted on October 26, 2017 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2-15-2072 (IPR2014-00245) PROST, BRYSON, WALLACH October 24, 2017 Non-precedential Brief summary: PTAB denial of SP’s Motion to Amend because SP did not show the proposed new claims “recite patent-eligible subject matter under 35 U.S.C. § 101″ vacated and … Continue reading →

Posted in America Invents Act, Inter Parties Review (IPR), IPR, Procedural Issues | Leave a comment

Roxane Laboratories, Inc. v. Camber Pharmaceuticals, Inc. et al.

Posted on November 18, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2016-1028 LOURIE, MAYER, O’MALLEY November 17, 2016 Non-precedential Brief Summary: DC claim construction regarding the claimed capsule size and decision to transfer affirmed. Summary: Roxane appealed from a stipulated judgment of noninfringement of its US 8,563,032 relating to … Continue reading →

Posted in Claim Construction, Procedural Issues, Prosecution History Estoppel | Leave a comment

Murata Machinery USA, et al. v. Daifuku Co. Ltd. et al.

Posted on August 4, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2015-2094 REYNA, CHEN, STOLL August 1, 2016 Brief Summary: DC decision denying Murata’s motion to lift a stay while IPR was in progress affirmed. DC denial of Murata’s motion for a preliminary injunction vacated and remanded because of … Continue reading →

Posted in Appeal, Injunction, Inter Parties Review (IPR), IPR, Procedural Issues | Leave a comment

Immersion Corporation v. HTC Corporation, et al.

Posted on June 22, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2015-1574 PROST, LINN, TARANTO June 21, 2016 Brief Summary: The FC panel concluded that the continuing application may be filed on the same day the parent issues, reversing the DC decision holding that it must be filed at … Continue reading →

Posted in Procedural Issues | Leave a comment

Sealant Systems Int., Inc. / Accessories Marketing Inc. v. TEK Global et al.

Posted on June 16, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2014-1405, 2014-1428 DYK, O’MALLEY, WALLACH June 11, 2015 Non-precedential Brief Summary: AMI determined to have standing since it was added after Sealant filed the request for DJ regarding the ‘110 patent but before an infringement claim was made … Continue reading →

Posted in Anticipation (35 USC 102), Attorney's Fees, Claim Construction, Obviousness, Procedural Issues | Leave a comment

Exela Pharma Sciences, LLC et al. v. Michele K. Lee (Cadence Pharma., Intervenors)

Posted on March 31, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2013-1206 PROST, NEWMAN, LINN March 26, 2015 Brief Summary: PTO patent application revival rulings are not subject to third party collateral challenge under the APA. Summary: Exela petitioned the PTO to “reconsider and withdraw” its revival of a … Continue reading →

Posted in Generics / ANDA, Infringement, Patent Prosecution, Procedural Issues | Leave a comment

Halo Electronics, Inc. v. Pulse Electronics, Inc. et al.

Posted on October 24, 2014 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2013-1462, -1656 LOURIE, O’MALLEY, HUGHES October 22, 2014 Brief Summary: No direct infringement by disputed products were ordered, manufactured, shipped, delivered and paid for abroad despite pricing and contracting negotiations in the US. Direct infringement by sales of … Continue reading →

Posted in Importation, Infringement, Procedural Issues | Leave a comment

VirtualAgility Inc v. Salesforce.com et al.

Posted on July 11, 2014 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2014-1232 NEWMAN (d), MOORE, CHEN July 10, 2014 Brief Summary: DC decision denying a motion to stay litigation until post-grant review is complete is reversed. Summary: Salesforce.com et al. appealed from DC order denying their motion to stay … Continue reading →

Posted in America Invents Act, Procedural Issues | Leave a comment

Elcommerce.com, Inc. v. SAP AG and SAP America, Inc.

Posted on March 4, 2014 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2011-1369 NEWMAN, PLAGER, WALLACH(d) February 24, 2014 Brief Summary: Transfer from ED TX to PA affirmed as proper. Claim construction for certain claim terms affirmed as consistent with specification and prosecution history; others vacated due to lack of … Continue reading →

Posted in Claim Construction, Means-plus-function, Procedural Issues | Leave a comment