Before Dyk, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: An invention is not “publicly disclosed” under 35 USC 102(b)(2)(B) by the inventor’s private sale, even though a private sale may...more
Before Dyk, Prost, and Stark. Appeal from the United States District Court for the District of New Jersey. Summary: Recitations of a computer-implemented method can be an abstract idea and non-eligible under 35 U.S.C. § 101...more
SWAGWAY, LLC v. ITC [REVISED OPINION - PRECEDENTIAL] -
Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission.
Summary: Although the ITC must strictly comply with its rules, failure to do so...more
8/25/2019
/ Abuse of Discretion ,
Administrative Law Judge (ALJ) ,
Appeals ,
Claim Preclusion ,
Consent Order ,
Harmless Error ,
Initial Determination (ID) ,
International Trade Commission (ITC) ,
Section 337 ,
Trademark Infringement ,
Trademarks
Federal Circuit Summaries -
Before Newman, Dyk, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: An injury-in-fact is required to establish Article III standing for judicial review of agency action,...more
2/12/2019
/ Appeals ,
Article III ,
Biosimilars ,
Clinical Trials ,
Estoppel ,
Injury-in-Fact ,
Inter Partes Review (IPR) Proceeding ,
Mootness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Standing
Federal Circuit Summaries -
Before Lourie, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board (“PTAB”).
Summary: Nothing in § 41.41(b)(2) bars a reply brief from addressing new arguments raised in the...more
Federal Circuit Summaries -
Before Dyk, Wallach, and Hughes. Appeal from the United States District Court for the District of Delaware.
Summary: A distribution agreement qualifies as an invalidating “offer for sale”...more
2/7/2018
/ Abbreviated New Drug Application (ANDA) ,
Appeals ,
Generic Drugs ,
Hospira ,
Offers ,
On-Sale Bar ,
Patents ,
Pharmaceutical Patents ,
Remand ,
Reversal ,
Sales & Distribution Agreements