Last week, a divided panel of the Federal Circuit extinguished Molon Motor and Coil Corporation’s hopes of going forward with a patent infringement suit against its electric motor industry competitor Nidec Motor Corporation....more
1/16/2020
/ Appeals ,
Contract Terms ,
Corporate Counsel ,
Covenant Not to Sue ,
De Novo Standard of Review ,
Exclusive Licenses ,
Integration Clauses ,
IP License ,
Merger Clause ,
Patent Litigation ,
Patents ,
Summary Judgment
On Wednesday, the Federal Circuit held that infringement under 35 U.S.C. § 271(g) does not require a single entity to perform, direct, or control all of the steps of a patented process for infringement liability to arise from...more
On Thursday of last week in Telefonaktiebolaget LM Ericsson v. TCL Corporation, the Federal Circuit affirmed two Patent Trial and Appeal Board (PTAB) decisions (IPR2015-01584 and IPR2015-01600) finding that a single claim in...more
11/14/2019
/ Appeals ,
Declaration ,
Evidence ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Public Information ,
Substantial Evidence ,
Supplemental Evidence
Last week, the Federal Circuit revived a patent infringement suit brought by Fraunhofer-Gesellschaft zur Forderung der angewandten Forschung E.V. against Sirius XM Radio Inc. in the District of Delaware when it vacated the...more
10/24/2019
/ Commercial Bankruptcy ,
Extrinsic Evidence ,
Failure To State A Claim ,
Federal Rule 12(b)(6) ,
IP License ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Remand ,
SiriusXM ,
Sublicenses ,
Termination Rights
The legal meaning of the transition language “consisting essentially of” is well-established in Federal Circuit case law and is generally construed to mean that the composition or formulation (a) necessarily includes the...more
10/21/2019
/ Claim Construction ,
Definiteness ,
Indefiniteness ,
Nautilus Inc. v. Biosig Instruments ,
Novelty ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Prior Art ,
SCOTUS ,
Section 112
As discussed in a previous blog post, since Mayo v. Prometheus, critics of medical treatment patents have advocated that such patents should be banned from patenting. While such arguments seemed futile based on the consistent...more
9/3/2019
/ CAFC ,
Diagnostic Method ,
Intellectual Property Protection ,
Inventions ,
Myriad-Mayo ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Personalized Medicine ,
Pharmaceutical Patents ,
Section 101 ,
Treatment Method Patents
In a precedential decision delivered this week, the Federal Circuit shot down arguments from Appellants BTG International Limited; Janssen Biotech, Inc.; Janssen Oncology, Inc.; and Janssen Research & Development, LLC (BTG),...more
5/17/2019
/ Appeals ,
Collateral Estoppel ,
Generic Drugs ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Prior Art ,
USPTO
Venue selection has been a primary focus for the past few years in patent infringement cases. However, a recent Federal Circuit decision serves as a reminder that a court must first be found to be able to exercise personal...more
In a decision issued by the Federal Circuit on October 24, 2018, the court affirmed a finding by the Patent Trial and Appeal Board (PTAB) that a multiple sclerosis (MS) treatment claimed in an application owned by FWP IP APS...more
Appealed PTAB decisions are generally accorded a deferential “substantial evidence” standard by the Federal Circuit. However, this deference did not prevent Ericsson from prevailing in its appeal to the Federal Circuit to...more
6/1/2018
/ Determination on Remand ,
Ericsson ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Reversal ,
Split of Authority ,
Substantial Evidence
After having its complaint for patent infringement dismissed for failure to state a claim and being denied its request to file an amended complaint in the Middle District of Georgia, Disc Disease Solutions turned to the...more
5/17/2018
/ Amended Complaints ,
Appeals ,
Claim Construction ,
Complaint Procedures ,
Dismissal With Prejudice ,
Failure To State A Claim ,
Federal Rule 12(b)(6) ,
Motion for Reconsideration ,
Motion to Amend ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pleading Standards ,
Technology Sector ,
Twombly/Iqbal Pleading Standard
After having its complaint for patent infringement dismissed for failure to state a claim and being denied its request to file an amended complaint in the Middle District of Georgia, Disc Disease Solutions turned to the...more
5/4/2018
/ Appeals ,
Claim Amendments ,
Claim Construction ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Form 18 ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pleading Standards ,
Twombly/Iqbal Pleading Standard
In an appeal from the Northern District of Florida, Voter Verified, Inc. asked the Federal Circuit to reverse the lower court’s dismissal of its patent infringement lawsuit against Election Systems & Software, LLC. ...more
After a series of “Dead on Arrivals” from the Northern District of Illinois, the Federal Circuit on Tuesday resuscitated a patent infringement suit filed by Nalco Company against Chem-Mod, LLC, and others in the Northern...more
3/7/2018
/ Coal Industry ,
Dismissals ,
Doctrine of Equivalents ,
Energy Sector ,
Federal Pleading Requirements ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Precedential Opinion ,
Reversal ,
Technology ,
Willful Infringement
On Tuesday, the Federal Circuit partially reversed a decision by the Patent Trial and Appeal Board that invalidated a number of claims in a Smith & Nephew, Inc. patent during inter partes reexamination. While many of Smith &...more
2/2/2018
/ Appeals ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reversal