HENNY PENNY CORPORATION v. FRYMASTER LLC -
Before Lourie, Chen, and Stoll. Appeal from the United States Patent and Trademark Office.
Summary: With respect to secondary considerations of nonobviousness, nexus may be...more
Earlier this year, a federal jury in Delaware found that Westinghouse Air Brake d/b/a Wabtec infringed eight patents owned by Siemens Mobility, including finding willful infringement as to two of the patents. The asserted...more
ARTHREX, INC. V. SMITH & NEPHEW ET AL.
Before Dyk, Chen, and Stoll. Appeal from the U.S. Patent and Trademark Office -
Summary: The Board’s invalidity decision does not need to track the exact wording in the IPR...more
THE CHAMBERLAIN GROUP, INC. v. TECHTRONIC INDUSTRIES CO.
Before Lourie, O’Malley, and Chen. Appeal from the United States District Court for the Northern District of Illinois -
Summary: A system or method for...more
A jury determined that Benton Energy Service Co. infringed a patent for improved drilling in offshore oil wells owned by Cajun Services Unlimited...more
AUTOMOTIVE BODY PARTS ASS'N v. FORD GLOBAL TECHNOLOGIES, LLC -
Before Hughes, Schall, and Stoll. Appeal from the United States District Court for the Eastern District of Michigan.
Summary: Aesthetic appeal is not an...more
KOLCRAFT ENTERPRISES, INC. V. GRACO CHILDREN’S PRODUCTS, INC.
Before Moore, Reyna, and Chen. Appeals from the Patent Trial and Appeal Board.
Summary: Inventor testimony of prior conception must be independently...more
7/9/2019
/ Design Patent ,
Electronically Stored Information ,
Evidence ,
Inter Partes Review (IPR) Proceeding ,
Inventors ,
Metadata ,
Obviousness ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Testimony
POWER INTEGRATIONS, INC v. SEMICONDUCTOR COMPONENTS -
Before Prost, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: An IPR is time-barred under 35 U.S.C. § 315(b) if, at the time of...more
A federal court in Wisconsin recently awarded Ultratec, Inc. and Captel, Inc. more than $5.4 million in damages, based on a patent infringement claim brought against Sorenson Communications and CaptionCalls...more
QUEST INTEGRITY USA, LLC v. COKEBUSTERS USA INC.
Before Dyk, Taranto, and Hughes. Appeal from the U.S. District Court for the District of Delaware.
Summary: An affidavit should not be dismissed as a sham where: (1) the...more
A New Jersey jury awarded Mondis $45 million in patent damages, based on LG’s sales of infringing televisions that support the “Plug & Play” standard. The “Plug & Play” standard was promulgated by the Video Electronics...more
A Florida judge recently entered a permanent injunction against a handful of Florida businesses and their owner, barring them from further infringing a patent covering biometric security for automobiles...more
Federal Circuit Summary -
Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Northern District of California.
Summary: When the Federal Circuit holds that a combination of references...more
4/2/2019
/ Appeals ,
Claim Construction ,
Combined References ,
Damages ,
Jury Trial ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Permanent Injunctions ,
Reaffirmation ,
Remand ,
Reversal
Federal Circuit Summary -
Before Prost, Wallach, and Hughes. Appeal from the U.S. District Court for N.D. Ohio.
Summary: On a Rule 12(b)(6) motion, a district court cannot judicially notice facts that are subject to...more
2/28/2019
/ Appeals ,
Federal Rule 12(b)(6) ,
Joint Inventors ,
Judicial Notice ,
Leave to Amend ,
Misappropriation ,
Motion to Dismiss ,
Motion To Strike ,
Patent Litigation ,
Patents ,
Remand ,
Statute of Limitations ,
Summary Judgment ,
Trade Secrets ,
Vacated
Federal Circuit Summary -
Before Chief Judge Prost, Moore, and Taranto. Appeal from the United States District Court for the Eastern District of Texas.
Summary: An invention is not “ready for patenting” to trigger...more
Federal Circuit Summaries -
Before Chen, Mayer, and Bryson. Appeal from the Patent Trial and Appeal Board.
Summary: Claims directed to the abstract idea of rules for playing a dice game are not transformed into patent...more
Two high-end, off-price fashion brands are duking it out over an employee jumping ship from Century 21 Department Stores, LLC to Rue Gilt Groupe. On November 5, 2018, Century 21 sued Rue Gilt Groupe and Berenice Arcuri in...more
12/13/2018
/ Breach of Contract ,
Choice-of-Law ,
Confidentiality Agreements ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Former Employee ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Proprietary Information ,
Restraint of Trade ,
Trade Secrets
Federal Circuit Summary -
Before Newman, Hughes, and Stoll. Appeal from the United States District Court for the Northern District of California.
Summary: Reasonable royalty patent damages cannot include a royalty for...more
11/21/2018
/ Appeals ,
Damages ,
Declaratory Judgments ,
Induced Infringement ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patents ,
Reaffirmation ,
Remand ,
Vacated
Federal Circuit Summary -
Before Judges Dyk, O’Malley, and Hughes. Appeal from the United States International Trade Commission.
Summary: Registered trade dress carries a presumption of secondary meaning only...more
Federal Circuit Summary -
Before Wallach, Linn, and Hughes. Appeal from the Trademark Trial and Appeal Board.
Summary: To determine whether a mark is generic, the TTAB must first properly identify the genus of the goods...more
Federal Circuit Summary -
On September 10, 2018, the Federal Circuit decided Regents of the University of California v. Broad Institute, Inc., affirming the Patent Trial and Appeal Board (PTAB)’s determination of no...more
9/17/2018
/ Appeals ,
CRISPR ,
Interference Proceeding ,
Life Sciences ,
Obviousness ,
Patent Applications ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reaffirmation ,
Substantial Evidence Standard ,
University of California
Federal Circuit Summary -
Before Newman, Dyk, and Taranto. Appeal from the United States District Court for the District of Delaware.
Summary: Pharmaceutical patents were obvious where the claims covered species of a...more
Federal Circuit Summary -
Before Reyna, Taranto, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: The Board must consider arguments in an IPR petitioner’s reply, where the arguments expressly follow...more
8/31/2018
/ Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Trial and Appeal Board ,
Patents ,
Petitioner Reply Briefs ,
Prior Art ,
Remand ,
Standard of Review ,
Vacated
Federal Circuit Summary -
Before Prost, Wallach, and Hughes. Appeal from the Trademark Trial and Appeal Board.
Summary: TTAB did not abuse its discretion by (1) refusing to consider factual assertions made in a brief,...more
8/30/2018
/ Abuse of Discretion ,
Admissible Evidence ,
Appeals ,
Evidence Suppression ,
Likelihood of Confusion ,
Pleading Standards ,
Pleadings ,
Reaffirmation ,
Trademark Infringement ,
Trademark Trial and Appeal Board ,
Trademarks
Federal Circuit Summary -
Before Taranto, Plager, and Chen. Appeal from the U.S. District Court for the Western District of Washington.
Summary: A patent claim is directed to an abstract idea where it broadly recites a...more
7/26/2018
/ Abstract Ideas ,
Appeals ,
Inventions ,
Noninfringement ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Reaffirmation ,
Remand ,
Section 101 ,
Vacated