RICHARD SOWINSKI v. CALIFORNIA AIR RESOURCES BOARD -
Before Newman, Lourie, and Schall. Appeal from the District Court for the Northern District of California.
Summary: Res judicata may bar subsequent claims regarding...more
SECURITY PEOPLE, INC. v. IANCU -
Before Lourie, Wallach, and Hughes. Appeal from the United States District Court for the Northern District of California -
Summary: Congress foreclosed the possibility of...more
8/27/2020
/ Administrative Procedure Act ,
America Invents Act ,
Appeals ,
Constitutional Challenges ,
Dismissals ,
Due Process ,
Fifth Amendment ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patents
MAYBORN GROUP, LTD., MAYBORN USA, INC. v. INTERNATIONAL TRADE COMMISISION -
Before Lourie, Linn, and Wallach. Appeal from the U.S. International Trade Commission.
Summary: An invalidity challenge, raised after the...more
7/20/2020
/ Appeals ,
Exclusion Orders ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Rescission ,
Section 102 ,
Section 103 ,
Section 337 ,
Statutory Authority
CATERPILLAR PAVING PRODUCTS v. WIRTGEN AMERICA, INC.
Before Lourie, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: Remand of an IPR based on Arthrex is not justified where the final written...more
O.F. MOSSBERG & SONS, INC. v. TIMNEY TRIGGERS, LLC -
Before Lourie, Reyna, and Hughes. Appeal from the United States District Court for the District of Connecticut.
Summary: A stay, followed by a voluntary dismissal,...more
KAKEN PHARMCEUTICAL CO., LTD., BAUSCH HEALTH COMPLAINTS INC., V. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADE MARK OFFICE -
Judges: Newman,...more
Communications Test Design, Inc. v. Contec, LLC -
Before O’Malley, Mayer, and Wallach. Appeal from the Eastern District of Pennsylvania.
Summary: Filing a declaratory judgment action in the midst of ongoing licensing...more
PERSONALIZED MEDIA COMMUNICATION, LLC v. APPLE INC -
Before Reyna, Taranto and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: Prosecution history evidence need not rise to the level of disclaimer to...more
KONINKLIJKE PHILIPS N.V. v. GOOGLE LLC -
Before Prost, Newman, and Moore. Appeal from Patent Trial and Appeal Board.
Summary: The Board can institute IPR only on grounds raised in a petition. Additionally, the Board...more
FOX FACTORY, INC. v. SRAM, LLC -
Before Prost, Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board (PTAB).
Summary: When a commercial product contains unclaimed features, a presumption of nexus between...more
SYNGENTA CROP PROTECTION, LLC v. WILLOWOOD, LLC -
Before Reyna, Taranto, and Stoll. Appeal from the U.S. District Court for the Middle District of North Carolina.
Summary: Infringement under § 271(g) does not require a...more
KONINKLIJKE KPN N.V. v. GEMALTO M2M GMBH -
Before Dyk, Chen, and Stoll. Appeal from the District of Delaware.
Summary: Claims directed to improving the functionality of one tool that is part of a system do not...more
SIPCO, LLC v. EMERSON ELECTRIC CO.
Before O’Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Reyna concurring-in-part and dissenting-in-part
Summary: The language “unobvious over the prior art” in...more
9/28/2019
/ § 42.301(b) ,
Appeals ,
Covered Business Method Patents ,
Covered Business Method Proceedings ,
Final Written Decisions ,
Innovative Technology ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Question of Law ,
Remand ,
Reversal ,
Section 101 ,
Section 103
SANOFI-AVENTIS U.S., LLC v. FRESENIUS KABI USA, LLC -
Before Lourie, Moore, and Taranto. Appeal from the United States District Court for the District of New Jersey.
Summary: District courts lack the authority to...more
8/20/2019
/ Article III ,
Inter Partes Review (IPR) Proceeding ,
Issue Preclusion ,
Motion to Amend ,
Obviousness ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Remand ,
Standing ,
Vacated
CELGENE CORPORATION v. PETER -
Before Prost, Bryson, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: Retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking...more
SOLUTRAN, INC v. ELAVON, INC.
Before Chen, Hughes, and Stoll. Appeal from the United States District Court for the District of Minnesota -
Summary: Method claims directed to performing conventional steps in a new order...more
ELBIT SYSTEMS LAND AND C4I LTD. v. HUGHES NETWORK SYSTEMS, LLC -
Before Taranto, Mayer, and Chen. Appeal from the United States District Court for the Eastern District of Texas.
Summary: Neither 28 U.S.C. § 1295 nor 28...more
LONE STAR SILICON INNOVATIONS v. NANYA TECHNOLOGY CORPORATION -
Before O’Malley, Reyna, Chen. Appeal from the Northern District of California.
Summary: When a patent assignee does not acquire all substantial rights in...more
6/5/2019
/ Article III ,
Dismissals ,
Exclusive Licenses ,
FRCP 19 ,
Joinder ,
Patent Infringement ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Precedential Opinion ,
Remand ,
Standing ,
Subject Matter Jurisdiction ,
Transfer of Rights ,
Vacated
Before: O'Malley, Reyna, and Hughes. Appeal from the United States District Court for the District of Delaware.
Summary: A parent patent specification of a continuation-in-part child patent constitutes intrinsic evidence...more
Before Moore, Taranto, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: The mere fact that a certain thing may result from a given set of circumstances is not sufficient to demonstrate inherency. Instead,...more
Federal Circuit Summary -
Before Reyna, Taranto, and Chen. Appeal from the United States District Court for the District of Delaware.
Summary: Where the complexity and predictability of a claimed embodiment were...more
Federal Circuit Summary -
Before Dyk, Taranto, Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB is not required to make any finding regarding a motivation to combine two references when it...more
Federal Circuit Summary -
Before Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Eastern District of Tennessee.
Summary: In the context of a suit for a declaration of non-infringement and...more
12/4/2018
/ Appeals ,
China ,
Declaratory Judgments ,
Dismissals ,
Foreign Defendants ,
Forum State ,
International Litigation ,
Minimum Contacts ,
Nonobvious ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Personal Jurisdiction ,
Reaffirmation ,
Specific Jurisdiction ,
State Law Claims ,
Tortious Interference
Federal Circuit Summary -
Before Prost, Schall, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: The plain language of 35 U.S.C. § 311(a) unambiguously leaves no room for assignor estoppel to apply in...more
11/13/2018
/ 35 U.S.C. § 311(a) ,
Appeals ,
Assignor Estoppel ,
Claim Construction ,
Cross-Appeals ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Validity ,
Patents ,
Reaffirmation ,
Remand ,
Reversal
Federal Circuit Summary -
Before Prost, Bryson, and O’Malley. Appeal from the United States District Court for the Western District of Wisconsin.
Summary: (1) To uphold a jury verdict of infringement, evidence must...more