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Nexus Analysis May Be Based on Novel Combination of Known Elements Considered as a Whole

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

Judgment Entered Against Westinghouse For Willful Patent Infringement

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

PTAB’s Characterization Of Petitioner’s Argument Did Not Introduce New Theory Of Invalidity

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

Patent Claims Directed To Wireless Transmission of Content Are Abstract and Patent Ineligible

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

Jury Finds Benton Energy Liable for Patent Infringement and Awards Nearly $5 Million in Damages

A jury determined that Benton Energy Service Co. infringed a patent for improved drilling in offshore oil wells owned by Cajun Services Unlimited...more

Aesthetic Appeal Does Not Render Design Patent Invalid

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

Metadata of conception documents could help independently corroborate inventor testimony of prior conception

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

One-Year Clock for Filing IPR Petition Applies to Litigants and Parties That Become Privies of the Litigant Prior to Institution

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

Ultratec Awarded more than $5.4 Million After Patent Determined Valid On Appeal

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

Federal Circuit Explores the Sham Affidavit Doctrine

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

LG Willfully Infringed Patent Covering “Plug & Play” Standard in Televisions

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

Florida Judge Enters Permanent Injunction After Patent Infringement Finding

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

TEK Global, S.R.L. v. Sealant Systems International

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

Coda Development v. Goodyear Tire & Rubber

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

Barry v. Medtronic, Inc.

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

In Re: Marco Guldenaar Holdings B.V.

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

Enforcing a Non-Compete Agreement? – One Size Does Not Fit All

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

Enplas Display Device Corp. v. Seoul Semiconductor Co.

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

Converse, Inc. v. ITC

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

Real Foods Pty Ltd. v. Frito-Lay North America, Inc.

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

UC v. Broad Institute: No Interference-In-Fact in CRISPR Genome Editing Applications

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

Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc.

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

Ericsson Inc. v. Intellectual Ventures I LLC.

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

Zheng Cai, DBA Tai Chi Green Tea Inc., v. Diamond Hong, Inc.

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

Interval Licensing LLC v. AOL, Inc.

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

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