Federal Circuit Summary -
Before Dyk, Moore, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: Tribal sovereign immunity does not shield Indian Tribe owned patents from IPR. ...more
7/25/2018
/ Adjudicatory Process ,
Administrative Agencies ,
Administrative Proceedings ,
Allergan Inc ,
Appeals ,
Enforcement Actions ,
Generic Drugs ,
Inter Partes Review (IPR) Proceeding ,
IP Assignment Agreements ,
Motion to Dismiss ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Sovereign Immunity ,
Tribal Governments
Federal Circuit Summaries -
Before the Supreme Court. Thomas delivered opinion, joined by Roberts, Kennedy, Ginsburg, Alito, Sotomayor, and Kagan. Gorsuch dissenting, joined by Breyer.
Summary: Patentee may recover...more
6/25/2018
/ 35 U.S.C. § 271(f)(2) ,
35 U.S.C. § 284 ,
Appeals ,
Damages ,
Domestic Injury ,
Extraterritoriality Rules ,
Foreign Profits ,
Foreign Sales ,
Lost Profits ,
Patent Act ,
Patent Infringement ,
Patents ,
Remand ,
SCOTUS ,
Vacated ,
WesternGeco LLC v Ion Geophysical Corporation
Federal Circuit Summaries -
Before Prost, Newman, Mayer, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Petition for panel rehearing and rehearing en banc.
Summary: Judge Newman...more
6/18/2018
/ Antitrust Violations ,
Appeals ,
Denial of Rehearing ,
Dissenting Opinions ,
En Banc Review ,
Fraud ,
Jurisdiction ,
Monopolization ,
Patent Litigation ,
Patents ,
Petition For Rehearing ,
Walker Process Claims
Federal Circuit Summary -
Before NEWMAN, DYK, and STOLL. Appeal from the Northern District of California.
Summary: A consumer of a patented product has no standing under the Declaratory Judgment Act to challenge the...more
Federal Circuit Summary -
Before Wallach, O’Malley, and Schall. Appeal from the Patent Trial and Appeal Board.
Summary: PGR petitioner has standing to appeal PTAB decision, where petitioner intended to file an ANDA for...more
5/17/2018
/ Abbreviated New Drug Application (ANDA) ,
Appeals ,
Breach of Contract ,
Contract Termination ,
Declaratory Judgments ,
Estoppel ,
FDA Approval ,
Obviousness ,
Patent Applications ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Post-Grant Review ,
Standing
Federal Circuit Summaries -
Before Newman, Lourie, and Reyna. Appeal from the United States District Court for the Northern District of Florida.
Summary: Collateral estoppel does not apply to a prior decision of no...more
Federal Circuit Summaries -
Before Lourie, O’Malley, and Wallach. Appeal from the United States District Court for the Northern District of Texas
Summary: When a case is dismissed with prejudice for lack of standing,...more
4/23/2018
/ Abuse of Discretion ,
Appeals ,
AT&T ,
Dismissal With Prejudice ,
Fee-Shifting ,
IP Assignment Agreements ,
Microsoft ,
Patent Infringement ,
Patent Ownership ,
Patents ,
Prevailing Party ,
Reaffirmation ,
Standing
Federal Circuit Summaries -
Before Newman, O’Malley, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: When resolving an obviousness challenge, the PTAB cannot invoke “ordinary creativity” of a skilled...more
Federal Circuit Summaries -
Before Lourie, Reyna, and Chen. Appeal from the U.S. District Court for the Eastern District of Texas, Judge J. Rodney Gilstrap.
Summary: Filing a terminal disclaimer to overcome an...more
Federal Circuit Summaries -
Before Lourie, O’Malley, and Wallach. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB’s finding that an element in a prior art reference is “similar to” a claim limitation,...more
Federal Circuit Summaries -
Before Prost, Dyk and Chen. Appeal from the United States District Court for the Eastern District of Virginia.
Summary: A party may not seek a declaratory judgment to obtain piecemeal...more
2/6/2018
/ AbbVie ,
Appeals ,
Case or Controversy ,
Declaratory Judgments ,
Extraterritoriality Rules ,
Judicial Discretion ,
License Agreements ,
Patent Infringement ,
Patent Invalidity ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Royalties ,
Standing ,
UK
Federal Circuit Summaries -
Before Newman, Dyk, and O’Malley. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB may enter an adverse judgment against a patent owner where, before issuing an institution...more
1/25/2018
/ Adverse Judgments ,
Appeals ,
Doctrine of Prosecution Disclaimer ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Non-Appealable Decisions ,
Patent Owner Preliminary Response ,
Patent Trial and Appeal Board ,
Patents ,
Right To Appeal ,
Waivers
Federal Circuit Summaries -
Before Lourie, O’Malley, and Taranto. Appeal from the United States District Court for the Eastern District of New York.
Summary: For divided infringement under § 271(a), an accused...more