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Not a Cowboy Claim Construction, University of Wyoming’s Patent Adequately Defined Claim Term

CHEVRON U.S.A. INC. v. UNIVERSITY OF WYOMING RESEARCH - Before Newman, Lourie, and Schall. Appeal from Patent Trial and Appeal Board. Summary: Intrinsic evidence is sufficient support for claim construction in an...more

Skinny Labelling on Generic Drugs Does Not Avoid Induced Infringement of Patents Covering Non-Indicated Uses

GLAXOSMITHKLINE LLC v. TEVA PHARMACEUTICALS USA, INC. [OPINION] – PRECEDENTIAL - Before Prost, Newman, and Moore. Appeal from the U.S. District Court for the District of Delaware - Summary: Evidence of inducement for...more

Limiting Terms in Preamble May Render Entire Preamble Limiting

BIO-RAD LABORATORIES, INC. v. 10X GENOMICS INC. Before Newman, O’Malley, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: Where elements of preamble are limiting,...more

Government’s Pre-Litigation Conduct Cannot Justify a Court of Claims Fee Award

FASTSHIP, LLC v. US - Before Dyk, Wallach, and Chen. Appeal from the United States Court of Federal Claims. Summary: A Court of Claims fee award under 28 U.S.C. § 1498(a), turns on whether the government’s litigation...more

Claims Covering Human Engineering That Exploits a Naturally-Occurring Phenomenon Are Patent Eligible

ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC. Before Lourie, Moore, and Reyna. Modified opinion following Ariosa rehearing petition. Summary: The Federal Circuit modified its earlier decision and clarified the difference...more

The Risks of Overbroad Motions to Seal

UNILOC 2017 LLC, UNILOC USA, INC., UNILOC LUXEMBOURG S.A. v. APPLE, INC., ELECTRONIC FRONTIER FOUNDATION - Before Prost, Mayer, and Taranto. Appeal from the United States District Court for the Northern District of...more

Courts Have No Jurisdiction Over Challenge to PTO Action Before Final Agency Decision

ODYSSEY LOGISTICS AND TECH. v. IANCU - Before Lourie, Reyna and Hughes. Appeal from the United States District Court for the Eastern District of Virginia. Summary: PTO procedural actions are not appealable before the...more

Standing to Appeal in IPR Remains Even After Divesting Accused Products

GRIT ENERGY SOLUTIONS, LLC v. OREN TECHNOLOGIES, LLC - Before Prost, Newman, Wallach. On appeal from The Patent Trial and Appeal Board. Summary: IPR petitioner has standing to appeal an adverse Board decision even...more

An Invention That Changes the Normal Operation of a System Is Not Abstract Under § 101

UNILOC USA, INC. v. LG ELECTRONICS USA, INC. Before Moore, Reyna, and Taranto. On appeal from the District Court for the Northern District of California. Summary: A claim is not abstract where it is directed to an...more

$5 Million Attorneys’ Fee Award Affirmed Because Government’s Litigation Position Not Substantially Justified

HITKANSUT LLC V. UNITED STATES - Before Prost, Clevenger, and Moore. Appeal from the Court of Federal Claims. Summary: Fee-shifting under 28 U.S.C. § 1498(a), turns on whether “the position of the United States was...more

Infringement Need Not Be Ex Ante Determinable for Claim to Be Definite

NEVRO CORPORATION v. BOSTON SCIENTIFIC CORPORATION - Before Moore, Taranto, and Chen. Appeal from U.S. District Court for the Northern District of California. Summary: Functional claim term directed at avoiding a side...more

PTAB Must Give Notice and Opportunity to Respond When Raising Its Own Theory of Unpatentability

NIKE, INC. v. ADIDAS AG - Before Lourie, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Patent Trial and Appeal Board may sua sponte identify a patentability issue for a proposed...more

Attorneys and Clients Behaving Badly – Deliberately Withheld Offer for Sale Is Inequitable Conduct

GS CLEANTECH CORP. v. ADKINS ENERGY LLC - Before, Reyna, Wallach, and Hughes. Appeal from the District Court for the Northern District of Illinois. Summary: Withholding and obscuring evidence of a pre-critical date...more

Schrader Hit With $31 Million Patent Verdict Over Tire Pressure Sensors

A Delaware jury has awarded Wasica Finance over $31 million in patent damages against Schrader Int’l. In 2013, Wasica accused Schrader Int’l of infringing a patent entitled “Device for Monitoring and the Air-Pressure in...more

Wells Fargo Twice Found Guilty of Willfully Infringing Patents on Remote Check Depositing Technology

USAA filed multiple patent infringement lawsuits against Wells Fargo, alleging widespread infringement of USAA’s patented technologies on remote check deposits for mobile banking systems. Last November, a jury in a first case...more

Prior Art Disclosing Partially Overlapping Temperature Range Is Enough to Establish Prima Facie Case of Anticipation and...

GENENTECH, INC. v. HOSPIRA, INC. Before Prost, Newman, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: Prior art disclosing a temperature range that partially overlaps with the claimed temperature...more

Integration Clause Does Not Necessarily Extinguish Prior Agreement on Same Patent

MOLON MOTOR AND COIL CORP. v. NIDEC MOTOR CORPORATION - Before Lourie, Reyna, and Hughes. Appeal from U.S. District Court for the Northern District of Illinois. Summary: In interpreting an integration clause that...more

No Appeal of PTAB’s Final Decision by Appealing a District Court’s Adoption of That Decision

PERSONAL AUDIO, LLC v. CBS CORPORATION - Before Moore, Reyna, and Taranto.  Appeal from the United States District Court for the Eastern District of Texas. Summary: The Federal Circuit has exclusive jurisdiction to hear...more

Safe Harbor Defense Under 35 U.S.C. §271(e)(1) Requires That the Accused Activity Is Solely for Uses Reasonably Related to...

AMGEN INC. v. HOSPIRA, INC. Before Moore, Bryson, and Chen.  Appeal from the United States District Court for the District of Delaware. Summary: Biological engineering activity that would otherwise constitute patent...more

Defendant Awarded Attorney Fees After NPE Dismissed Frivolous Case with Prejudice

BLACKBIRD TECH LLC v. HEALTH IN MOTION LLC - Before Wallach, Prost, and Hughes. Appeal from U.S. District Court for the Central District of California. Summary: The Federal Circuit affirmed a finding that a frivolous...more

North Carolina Jury Finds Dubose Strapping Inc. Liable for Willful Patent Infringement

Western Plastics sued Dubose Strapping for infringing a patent covering a material for wrapping rolls of metal coil. Both parties compete in the metal industry and sell a similar wrap...more

PTAB Must Consider Evidence Showing Prior Art Is Analogous to Invention

AIRBUS S.A.S. v. FIREPASS CORPORATION Before Lourie, Moore, and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary: Whether an asserted prior art reference is reasonably pertinent to the particular problem...more

Patent Claim Reciting a List “Consisting Essentially of” Is Indefinite Where the Basic and Novel Property of the Invention Is...

HZNP Medicines LLC, Horizon Pharma USA, Inc. v. Actavis Laboratories UT, Inc. Before Prost, Newman, and Reyna.  Appeal from the District Court for the District of New Jersey. Summary: Claims using “consisting...more

Jury Awards Patentee Nine-Figure Patent Damages Award

A New Jersey jury has awarded Eagle View Technology $125 million in patent damages. Eagle View originally sued its competitor Verisk and its subsidiary corporation Xactware, for infringing nine patents related to software for...more

Design Patent Figures Are Not the Only Source of Claim Limitations

CURVER LUXEMBOURG, SARL v. HOME EXPRESSIONS INC. Before Chen, Hughes, and Stoll. Appeal from the United States District Court for the District of New Jersey. Summary: Claim language specifying the article of manufacture...more

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