IPO Daily NewsTM

A quick read, the IPO Daily NewsTM is three to five concise paragraphs a day. It includes summaries of all patent and trademark opinions of the U.S. Court of Appeals for the Federal Circuit, the next day after opinions are issued and wire service stories of other selected IP cases.

Court Erred in Ruling on Patent-Eligibility Without Resolving Claim Construction Dispute

* * COURT ERRED IN RULING ON PATENT-ELIGIBILITY WITHOUT RESOLVING CLAIM CONSTRUCTION DISPUTE MyMail, Ltd. V. ooVoo, LLC, 18-1758 -- On Friday in an opinion by Judge REYNA, the Federal[...]

Court Upholds ITC’s Denial of Proposed Consent Order

* COURT UPHOLDS ITC’S DENIAL OF PROPOSED CONSENT ORDER Swagway, LLC v. ITC, 18-1672 -- On May 9 in an opinion by Judge CLEVENGER that was reissued on August 14, the Federal Circuit up[...]

No Jurisdication Over Patent Claims Disclaimed During Concurrent IPR

* NO JURISDICTION OVER PATENT CLAIMS DISCLAIMED DURING CONCURRENT IPR Sanofi-Aventis U.S., LLC v. Fresenius Kabi USA, LLC, 18-1804 -- Yesterday in an opinion by Judge LOURIE, the Fede[...]

IPO Education Foundation Presents First Executive of the Year Award

IPO EDUCATION FOUNDATION PRESENTS FIRST EXECUTIVE OF THE YEAR AWARD IPO Education Foundation is pleased to present the first Executive of the Year award to CHARLES DADSWELL for his comm[...]

USPTO Erred in Interpreting Means-Plus-Function Claim

* * USPTO ERRED IN INTERPRETING MEANS-PLUS-FUNCTION CLAIM MTD Prods. Inc. v. Iancu, 17-2292 -- Yesterday in an opinion by Judge STOLL, the Federal Circuit overturned a USPTO inter par[...]

Prosecution History Estoppel Did Not Bar Reliance on Doctrine of Equivalents

**PROSECUTION HISTORY ESTOPPEL DID NOT BAR RELIANCE ON DOCTRINE OF EQUIVALENTS Eli Lilly & Co. v. Hospira, Inc., 18-2126 -- On Friday in an opinion by Judge LOURIE, the Federal Ci[...]

Trade Secrets Trends To Be Discussed at IPO Annual Meeting

IP IN THE MASS MEDIA 14-Year-Old Inventor Obtains Patent The Morning Call recently reported that a 14-year-old boy who participated in a Young Innovators Program obtained a patent that allows a sm[...]

Prosecution History Estoppel Did Not Bar Reliance on Doctrine of Equivalents

**PROSECUTION HISTORY ESTOPPEL DID NOT BAR RELIANCE ON DOCTRINE OF EQUIVALENTS Ajinomoto Co., Inc. v. ITC, 18-1590 -- On Tuesday in an opinion by Judge TARANTO, a split Federal Circui[...]

Plaintiff Waived Challenge to Finding of Infringement Based on Expert Testimony

*PLAINTIFF WAIVED CHALLENGE TO FINDING OF INFRINGEMENT BASED ON EXPERT TESTIMONY ATEN Int’l Co., Ltd. v. Uniclass Tech. Co., Ltd., 18-1606 -- Yesterday in an opinion by Judge MOORE, t[...]

USPTO Issues Examination Guide on U.S. Counsel Requirements for Foreign Trademark Applicants and Registrants

USPTO ISSUES EXAMINATION GUIDE ON U.S. COUNSEL REQUIREMENT FOR FOREIGN TRADEMARK APPLICANTS AND REGISTRANTS The USPTO has issued a new examination guide related to the new requirement that foreign-[...]