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.

Use of Term in Final Written decision That Did Not Appear in IPR Petition Did Not Constitute Reliance on New Theory

* USE OF TERM IN FINAL WRITTEN DECISION THAT DID NOT APPEAR IN IPR PETITION DID NOT CONSTITUTE RELIANCE ON NEW THEORY Arthrex, Inc. v. Smith & Nephew, Inc., 18-1584 -- Yesterday i[...]

Amazon Sues Startup Selling “Smart Alex” Product for Trademark Infringement

IP IN THE MASS MEDIA Amazon Sues Startup Selling “Smart Alex” Product for Trademark Infringement Yesterday Boston’s NBC10 reported that Amazon sued a Massachusetts startup for trademark infringeme[...]

Claims in Second Amended Compaint That Realted Back to Original Complaint Were Not Time-Barred Under § 286

* CLAIMS IN SECOND AMENDED COMPLAINT THAT RELATED BACK TO ORIGINAL COMPLAINT WERE NOT TIME-BARRED UNDER § 286 Anza Tech., Inc. v. Mushkin, Inc., 19-1045 -- On August 16 in an opinion [...]

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[...]