On October 5, 2023, the World Intellectual Property Organization published Cast21’s PCT application related to its alternative cast device – a 3D-printed exoskeleton created from a medical-grade resin. Cast21’s device seeks...more
CANFIELD SCIENTIFIC, INC. v. MELANOSCAN, LLC -
Before Newman, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB’s refusal to consider presented arguments and evidence can be a...more
On October 27, 2020, the District Court in the Western District of Texas issued its Final Judgment in L’Oreal USA Creative, Inc. v. Drunk Elephant, LLC, 1:18-cv-00982 (W.D.Tex.), which approved the Joint Stipulation of...more
NETWORK-1 TECHNOLOGIES, INC. v. HEWLETT-PACKARD COMPANY, HEWLETT PACKARD ENTERPRISE COMPANY -
Before Prost, Newman, and Bryson. Appeal from the United States District Court for the Eastern District of Texas.
Summary: A...more
9/25/2020
/ § 315(b) ,
§315(e) ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Judgment As A Matter Of Law ,
Obviousness ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Printed Publications ,
Prior Art
The PTAB has been grappling with how to manage IPR petitions for patents that are also being challenged in federal district court, particularly when the district court is set to determine the patent validity prior to the...more
8/26/2020
/ §314(a) ,
Apple ,
Denial of Institution ,
Inter Partes Review (IPR) Proceeding ,
Parallel Proceedings ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Precedential Opinion ,
Trial Practice Guidance
MAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCH v. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE -
Before: Newman, Lourie, and Dyk -...more
ENZO LIFE SCIENCES, INC. v. ROCHE MOLECULAR SYSTEMS, INC.
Before Prost, Reyna, and Wallach. Appeal from the United States District Court for the District of Delaware.
Summary: Broad patent claims were invalid as not...more
Before Moore, Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board -
Summary: Industry skepticism is a question of fact that weighs in favor of non-obviousness and can range on a scale, with the most weight...more
Federal Circuit Summary -
Before Newman, O’Malley, and Chen. Appeal from the PTAB.
Summary: Patent Owner Vertnetx Inc. (“Virnetx”) was collaterally estopped from arguing that a reference was not a printed publication...more
12/11/2018
/ America Invents Act ,
Appeals ,
Appellate Record ,
Collateral Estoppel ,
Failure To Preserve ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patents ,
Pre-AIA Patents ,
Printed Publications ,
Retroactive Application ,
Rule 36
Federal Circuit Summary -
Before Reyna, Wallach, and Hughes. Appeal from the District Court for the Eastern District of Texas.
Summary: When the only unconventional feature of the patent claim is what has already been...more
8/17/2018
/ Abstract Ideas ,
Appeals ,
CLS Bank v Alice Corp ,
Motion for Summary Judgment ,
Motion to Dismiss ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Reaffirmation ,
Section 101 ,
Software Patents
Federal Circuit Summaries -
Before Dyk, O’Malley, and Wallach. Appeal from the PTAB.
Summary: A priority claim must be explicitly stated in the patent and cannot be incorporated by reference from an earlier patent. ...more