Category Archives: Uncategorized

“Substantial risk of future infringement” provides standing for IPR appeal; non-obviousness conclusion vacated and remanded

General Electric Company v. Raytheon Technologies Corporation Docket No. 2019-1319 (IPR2017-00428) (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1319.OPINION.12-28-2020_1707556.pdf) LOURIE, REYNA, HUGHES December 23, 2020 Brief Summary:  GE found to have standing due to a substantial risk of future infringement”; Board finding of no obviousness vacated and … Continue reading

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Induced infringement decision reversed (“subjective bad faith”); eligibility decision affirmed (“improving a basic function of a computer”)

TecSec, Inc. v. Adobe Inc., et al. Docket No. 2019-2192, -2258 PROST, REYNA, TARANTO October 23, 2020 Brief Summary:  DC incorrectly excluded evidence of induced infringement (“subjective bad faith”) but correctly found patent eligibility (“directed to improving a basic function … Continue reading

Posted in Inducement to Infringe, Patent Eligibility (101), Section 101 (see also Patentability), Software, Uncategorized | Leave a comment

Grant of JMOL reversed as “an old method of administration of an old product made by a new process is not novel and cannot be patented”

Biogen MA Inc. v. EMD Serono, Inc. et al. (Pfizer Inc., Bayer, Novartis) Docket No. 2019-1133 NEWMAN, LINN, HUGHES September 28, 2020 Brief Summary:  DC instructed to reinstate jury verdict of invalidity for anticipation of Biogen’s IFN-b method of treatment … Continue reading

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DC erroneously constructed “antibody” and “antibody fragment”, FC panel finds

Baxalta, Inc. et al. v. Genentech, Inc. et al. Docket No. 2019-1527MOORE, PLAGER, WALLACH August 27, 2020 Brief Summary:  DC non-infringement finding vacated and remanded due to erroneous construction of “antibody” and “antibody fragment”. Summary:    Baxalta appealed DC judgment based … Continue reading

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DC grant of SJ affirmed due to “an unenforceable agreement to agree”

Phytelligence, Inc. v. Washington State UniversityDocket No. 2019-2216PROST, REYNA, STOLLAugust 27, 2020 Brief Summary: DC grant of SJ to WSU affirmed since option agreement was “an unenforceable agreement to agree”, not an “agreement with open terms” that could be deciphered … Continue reading

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IPR obviousness determinations affirmed; preamble limiting due to reliance for antecedent basis

Shoes By Firebug LLC v. Stride Rite Children’s Group, LLC Docket No. 2019-1622, -1623 (IPR2017-01809, -01810) LOURIE, MOORE, O’MALLEY June 25, 2020 Brief Summary: Board finding that preamble do not limit the claims affirmed for one patent but not the … Continue reading

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Rejected claim construction proposal during IPR was not prosecution history estoppel, FC affirms infringement under DOE; second infringement decision reversed

Galderma Labs., Nestle Skin Health S.A. et al. v. Amneal Pharm. LLC et al. Docket No. 2019-1021 LOURIE, MOORE, STOLL March 25, 2020 Non-Precedential Brief Summary: DC finding of infringement of certain claims affirmed as statements made in related IPR … Continue reading

Posted in Claim Construction, Doctrine of equivalents, Infringement, Inter Parties Review (IPR), IPR, Prosecution History Estoppel, Uncategorized | Leave a comment

FB improperly joined to its existing IPRs under 315(c); various obviousness conclusions affirmed and vacated

Facebook, Inc. v. Windy City Innovations, LLC Docket No. 2018-1400-3, -1537, -1540-41 (IPR2016-00=1156-59, IPR2017-00659, -00709 PROST, PLAGER, O’MALLEY March 18, 2020 Brief Summary: Board improperly joined FB as a party to its own existing IPRs under section 315(c); various obviousness … Continue reading

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IPR decision of obviousness of method of treatment claim reversed for erroneous claim construction

Kaken Pharm. Co., Inc., Bausch Health Cos. Inc. v. USPTO Docket No. 2018-2232 (IPR2017-00190, -01429) NEWMAN, O’MALLEY, TARANTO March 13, 2020 Brief Summary: IPR obviousness decision reversed based on erroneous claim construction in method of treatment claim. Summary: Kaken appealed … Continue reading

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DC patent ineligibility holding for Illumina’s fetal DNA-related claims reversed

Illumina, Inc., Sequenom, Inc. v. Ariosa Diagnostics, Inc. et al. Docket No. 2019-1419 LOURIE, MOORE, REYNA March 17, 2020 Brief Summary: DC finding that Illumina’s fetal DNA-related claims are patent ineligible reversed. Summary: Illumina appealed DC decision finding certain claims … Continue reading

Posted in Patent Eligibility (101), Patentability, Uncategorized | Leave a comment