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Resources 2019-06-18T00:33:27-04:00

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Use the below filters and search to find publications including Amicus Briefs, Testimony and Comments, IPO Law Journal Articles, and the IPO Federal Circuit Summaries™.

TITLE PUBLISHED CATEGORY
FEDERAL CIRCUIT OVERTURNS INFRINGEMENT VERDICT, FINDING CLAIMS PATENT-INELIGIBLE* Chamberlain Grp., Inc. v. Techtronic Indus. Co Ltd., 18-2103 August 21, 2019 IPO Federal Circuit Summaries
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 August 21, 2019 IPO Federal Circuit Summaries
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 August 16, 2019 IPO Federal Circuit Summaries
COURT ERRED IN RULING ON PATENT-ELIGIBILITY WITHOUT RESOLVING CLAIM CONSTRUCTION DISPUTE* * MyMail, Ltd. V. ooVoo, LLC, 18-1758 August 16, 2019 IPO Federal Circuit Summaries
“SUBSTANTIALLY EQUIVALENT” DISCLOSURE SATISFIED WRITTEN DESCRIPTION REQUIREMENT* * Nalpropion Pharm. v. Actavis Labs. FL, Inc., 18-1221 August 15, 2019 IPO Federal Circuit Summaries
NO JURISDICTION OVER PATENT CLAIMS DISCLAIMED DURING CONCURRENT IPR* Sanofi-Aventis U.S., LLC v. Fresenius Kabi USA, LLC, 18-1804 August 14, 2019 IPO Federal Circuit Summaries
COURT UPHOLDS ITC’S DENIAL OF PROPOSED CONSENT ORDER* Swagway, LLC v. ITC, 18-1672 August 14, 2019 IPO Federal Circuit Summaries
FEDERAL CIRCUIT UPHOLDS DISTRICT COURT CLAIM CONSTRUCTION* Iridescent Networks, Inc. v. AT&T Mobility, LLC, 18-1449 August 12, 2019 IPO Federal Circuit Summaries
USPTO ERRED IN INTERPRETING MEANS-PLUS-FUNCTION CLAIM* * MTD Prods. Inc. v. Iancu, 17-2292 August 12, 2019 IPO Federal Circuit Summaries
CLAIMS PATENT-INELIGIBLE DESPITE “VALUABLE CONTRIBUTION”* Genetic Veterinary Scis. v. LABOKLIN GmbH & Co. KG, 18-2056 August 09, 2019 IPO Federal Circuit Summaries
PROSECUTION HISTORY ESTOPPEL DID NOT BAR RELIANCE ON DOCTRINE OF EQUIVALENTS* * Eli Lilly & Co. v. Hospira, Inc., 18-2126 August 09, 2019 IPO Federal Circuit Summaries
NO PER SE RULE THAT CASE IS EXCEPTIONAL WHERE LITIGATION COSTS EXCEED POTENTIAL DAMAGES* ATEN Int’l Co., Ltd. v. Uniclass Tech. Co., Ltd., 18-1922 August 06, 2019 IPO Federal Circuit Summaries
PROSECUTION HISTORY ESTOPPEL DID NOT BAR RELIANCE ON DOCTRINE OF EQUIVALENTS* * Ajinomoto Co., Inc. v. ITC, 18-1590 August 06, 2019 IPO Federal Circuit Summaries
PLAINTIFF WAIVED CHALLENGE TO FINDING OF INFRINGEMENT BASED ON EXPERT TESTIMONY* ATEN Int’l Co., Ltd. v. Uniclass Tech. Co., Ltd., 18-1606 August 06, 2019 IPO Federal Circuit Summaries
WAIVER APPLIED TO LIKELIHOOD OF CONFUSION ARGUMENTS RAISED FOR FIRST TIME ON APPEAL* Hylete LLC v. Hybrid Athletics, LLC, 17-2057 August 01, 2019 IPO Federal Circuit Summaries
“FINAL DECISION” ON INVALIDITY REQUIRED USPTO TO TERMINATE INTER PARTES REEXAMINTION* Virnetx Inc. v. Apple Inc., 17-1591 August 01, 2019 IPO Federal Circuit Summaries
CLAIMS FOR ELECTRONIC CHECK PROCESSING WERE PATENT-INELIGIBLE* Solutran, Inc. v. Elavon, Inc., 19-1345 July 30, 2019 IPO Federal Circuit Summaries
RETROACTIVE APPLICATION OF IPR TO PRE-AIA PATENTS NOT UNCONSTITUTIONAL TAKING UNDER FIFTH AMENDMENT Celgene Corp. v. Peter, 18-1171* * Celgene Corp. v. Peter, 18-1171 July 30, 2019 IPO Federal Circuit Summaries
PROSECUTION HISTORY ESTOPPEL BARRED INFRINGEMENT CLAIM UNDER DOCTRINE OF EQUIVALENTS* Amgen Inc. v. Coherus Biosciences Inc., 18-1993 July 29, 2019 IPO Federal Circuit Summaries
FEDERAL CIRCUIT UPHOLDS JUDGMENT THAT FORD’S DESIGN PATENTS WERE VALID, ENFORCEABLE* * Auto. Body Parts Ass’n v. Ford Glob. Techs. LLC, 18-1613 July 23, 2019 IPO Federal Circuit Summaries
FEDERAL CIRCUIT REMANDS FOR RECONSIDERATION OF WILLFULNESS, ENHANCED DAMAGES, AND AWARD OF ATTORNEYS’ FEES* SRI Int’l, Inc. v. Cisco Sys., Inc., 17-2223 July 12, 2019 IPO Federal Circuit Summaries
DISTRICT COURT CORRECTLY CONSTRUED PATENT CLAIMS* Indivior Inc. v. Dr. Reddy's Labs., S.A., 17-2587 July 12, 2019 IPO Federal Circuit Summaries
USPTO ERRED IN ANALYZING PUBLIC ACCESSIBILITY OF ASSERTED PRIOR ART REFERENCE* Samsung Elecs. Co., Ltd. v. Infobridge Pte. Ltd., 18-2007 July 12, 2019 IPO Federal Circuit Summaries
CLAIMED METHODS OF DNA SEQUENCING TO TEST FOR FETAL CHROMOSOMAL ABNORMALITIES WERE NOT SUPPORTED BY WRITTEN DESCRIPTION* Quake v. Lo, 18-1779 July 10, 2019 IPO Federal Circuit Summaries
IPR PETITIONER LACKED STANDING TO APPEAL USPTO DECISION UPHOLDING PATENT CLAIMS* * General Electric Co. v. United Techs. Corp., 17-2497 July 10, 2019 IPO Federal Circuit Summaries
ADMINISTRATIVE PROCEDURE ACT NOT VIOLATED IN IPR PROCEEDING* TQ Delta, LLC v. Dish Network LLC, 18-1799 July 10, 2019 IPO Federal Circuit Summaries
COURT VACATES AND REMANDS IPR DECISIONS BASED ON IMPROPER CLAIM CONSTRUCTION* Cisco Sys., Inc. v. TQ Delta, LLC, 18-1917 July 10, 2019 IPO Federal Circuit Summaries
PLAINTIFF MUST PLEAD SPECIFIC FACTS TO SUPPORT PROPER VENUE* Westech Aerosol Corp. v. 3M Co., 18-1699 July 05, 2019 IPO Federal Circuit Summaries
COURT UPHOLDS DISTRICT COURT JUDGEMENT OF NO ENABLEMENT* Enzo Life Sciences, Inc. v. Roche Molecular Sys., Inc., 17-2498 July 05, 2019 IPO Federal Circuit Summaries
WRITTEN DESCRIPTION DECISION VACATED AND REMANDED FOR PREDICTABILITY AND CRITICALITY TO BE ADDRESSED* * In re: Global IP Holdings LLC, 18-1426 July 05, 2019 IPO Federal Circuit Summaries
REHEARING DENIED FOR PATENT-INELIGIBLE DIAGNOSTIC CLAIMS* * Athena Diagnostics, Inc. v. Mayo Collaborative Servs., 17-2508 July 03, 2019 IPO Federal Circuit Summaries
SUBSTANTIAL EVIDENCE SUPPORTED USPTO OBVIOUSNESS DECISION WHERE PRIOR CONCEPTION NOT ESTABLISHED BY PATENT OWNER* Kolcraft Enterprises, Inc. v. Grace Children’s Prod., Inc., 18-1259 July 02, 2019 IPO Federal Circuit Summaries
NO JURISDICTION TO REVIEW AN EXCEPTIONALITY DETERMINATION MADE UNDER 35 U.S.C. § 285 BEFORE FEES WERE QUANTIFIED* Elbit Sys. Land and C4I Ltd v. Hughes Network Sys., LLC, 18-1910 June 25, 2019 IPO Federal Circuit Summaries
DISMISSAL OF COMPLAINT IMPROPER WHERE FACTUAL ALLEGATIONS SUFFICIENT TO ESTABLISH PLAUSIBLE INVENTIVENESS OF CLAIMS* * Cellspin Soft, Inc. v. Fitbit, Inc., 18-1817 June 25, 2019 IPO Federal Circuit Summaries
FACTS DID NOT BAR APPLICATION OF DOCTRINE OF EQUIVALENTS* UCB, Inc. v. Watson Labs. Inc., 18-1397 June 24, 2019 IPO Federal Circuit Summaries
USPTO OBVIOUSNESS FINDING WAS BASED ON PROPER CLAIM CONSTRUCTION* Game and Technology Co., Ltd. v. Activision Blizzard Inc., 18-1981 June 21, 2019 IPO Federal Circuit Summaries
ADDITION OF REAL-PARTY-IN-INTEREST DID NOT REQUIRE ALTERING IPR PETITION’S FILING DATE* * Mayne Pharma Int’l Pty. v. Merck Sharp & Dohme Corp., 18-1593 June 21, 2019 IPO Federal Circuit Summaries
REISSUE CLAIMS INVALID FOR FAILING TO COMPLY WITH “ORIGINAL PATENT” REQUIREMENT* * Forum US, Inc. v. Flow Valve, LLC, 18-1765 June 17, 2019 IPO Federal Circuit Summaries
ITC INFRINGEMENT RULING HAD BECOME MOOT* * Hyosung TNS Inc. v. ITC, 17-2563 June 17, 2019 IPO Federal Circuit Summaries
STATE SOVEREIGN IMMUNITY DOES NOT APPLY IN INTER PARTES REVIEW* * * Regents of the Univ. of Minn. V. LSI Corp., 18-1559 June 14, 2019 IPO Federal Circuit Summaries
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