In Worlds Inc. v. Bungie, Inc., the Federal Circuit remanded an appeal from an inter partes review (“IPR”) instructing the Patent Trial and Appeal Board (“Board”) to reweigh the evidence in a manner that placed the ultimate...more
9/24/2018
/ Appeals ,
Burden of Persuasion ,
Burden of Proof ,
Collateral Estoppel ,
Final Written Decisions ,
Intellectual Property Agreements ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Real Party in Interest ,
Remand ,
Time-Barred Claims ,
Video Games
On May 14, 2018, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (the “Board”) Final Written Decision in an inter partes review (IPR) proceeding holding all claims of Anacor Pharmaceuticals, Inc.’s (“Anacor”)...more
The Patent Trial and Appeal Board (PTAB) denied Pfizer, Inc.’s (“Petitioner”) petition to institute an inter partes review (IPR) of the sole claim of Biogen Inc.’s (“Patent Owner”) U.S. Patent 8,329,172 (the “’172 Patent”)....more
The Patent Trial and Appeal Board (the “Board”) issued a final written decision in an inter partes review determining Claims 1-5 of U.S. Patent No. 8,889,135 owned by Abbvie Biotechnology Ltd. unpatentable as obvious...more
7/11/2017
/ AbbVie ,
Boehringer ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Method Claims ,
Obviousness ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Prior Art
The Patent Trial and Appeal Board (the “Board”) issued a final written decision determining that the Coalition for Affordable Drugs (ADROCA), LLC (“Petitioner”) failed to prove unpatentable claims 1-52 of U.S. Patent No....more
4/12/2017
/ Burden of Production ,
Expert Testimony ,
Inter Partes Review (IPR) Proceeding ,
Inventors ,
Obviousness ,
Patent Invalidity ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Prior Art
Federal Circuit Reverses PTAB’s Conclusion that Claims Challenged in Reexamination Would Have Been Obvious -
On August 31, 2016, the Federal Circuit issued a non-precedential opinion reversing a judgment by the Patent...more
SUPREME COURT CASES -
Sequenom Seeks Supreme Court Review of Diagnostic Claims Held Invalid Under § 101 -
On Monday, March 21, 2016, Sequenom, Inc. filed a petition for writ of certiorari in Sequenom, Inc. v. Ariosa...more
FEDERAL CIRCUIT CASES -
“Bust!” — Federal Circuit Deals Tough News to Inventors of Card Game -
The Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) determination of unpatentability for claims...more
DISTRICT COURT CASES -
Minnesota Court Awards Octane Fitness $1.7 Million in Attorney Fees and Costs -
In the seminal case establishing a lower standard for attorney fees in “exceptional” patent cases—Octane Fitness...more
9/8/2015
/ America Invents Act ,
Anti-Patent Trolls ,
Attorney's Fees ,
Counterclaims ,
Covered Business Method Patents ,
Demand Letter ,
Exceptional Case ,
Inter Partes Review (IPR) Proceeding ,
MasterCard ,
Method Claims ,
Motion to Amend ,
Octane Fitness v. ICON ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Trolls ,
Patents ,
Prior Art
SUPREME COURT CASES -
The Supreme Court Upholds Prohibition on Charging Royalties After Patent Expiration -
In Kimble v. Marvel Entertainment LLC, 576 U.S. ---- (2015), the Supreme Court declined to overrule its 1964...more
8/31/2015
/ Akamai Technologies ,
Brulotte ,
Certiorari ,
Claim Construction ,
Contract Termination ,
Contract Terms ,
Direct Infringement ,
En Banc Review ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Kimble v Marvel Enterprises ,
Limelight Networks ,
Limelight v Akamai ,
Mayo v. Prometheus ,
Obviousness ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prior Art ,
Remand ,
Royalties ,
SCOTUS ,
Section 101
FEDERAL CIRCUIT CASES -
Subjective Term Not Indefinite when Intrinsic Record Provides Reasonably Certain Scope -
On remand from the Supreme Court, on April 27, 2015, the Federal Circuit reassessed whether...more
DISTRICT COURT CASES -
District Court Awards Attorney Fees Under its Inherent Powers Rather than 35 U.S.C. § 285 -
On October 10, 2013, plaintiff MyMedicalRecords, Inc. (MMR) sued defendants claiming...more
Federal Circuit Decides Sua Sponte To Consider Patent Exhaustion Issues En Banc -
On April 14, 2015, the Federal Circuit issued a precedential order pursuant to Fed. R. App. P. 35(a) ordering that the pending appeal in...more
Federal Circuit: Licensor Has No Standing to Sue Where it Has Transferred “All Substantial Rights” to Its Licensee -
The Federal Circuit affirmed a decision by Judge Schneider in the Eastern District of Texas to...more
DISTRICT COURT CASES -
Judge in the Northern District of California Excludes Damages Expert Opinion that Used the Entire Handset as the Royalty Base -
Judge Grewal of the Northern District of California granted...more