Posts in Courts
Patent Filings Roundup: Dozens of Patents DJed Under Alice; Counterfeit Kids’ Bikes Challenged; Board Refuses Non-Fintiv Policy Arguments
District court filings were low this week with 49, a substantial percentage of which were filed against small or medium-sized companies by IP Edge or Leigh Rothschild-owned subsidiaries. …
Federal Circuit Reinstates Jury Verdict Finding Claims of Biogen’s MS Drug Were Anticipated
On Monday, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Biogen MA, Inc. v. EMD Serono, Inc., reversing the U.…
The FTC Should Give Up Its Doomed Fight with Qualcomm and Adopt Delrahim’s New Madison Approach
The Federal Trade Commission (FTC) just can’t take “no, you’re wrong” for an answer. Despite its embarrassing reversal by the Ninth Circuit Court of Appeals …
CAFC: Parties Joined in IPRs are Not Estopped from Raising New Invalidity Grounds in District Court
On September 24, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part and reversed-in-part the U.S. District Court for the Eastern District of Texas’…
California Court’s Finding of Fair Use for Nicki Minaj Affirms Public Benefit of Artistic Experimentation
In a ruling earlier this month, U.S. District Judge Virginia A. Phillips of the Central District of California granted partial summary judgment in favor of Onika …
Federal Circuit Shoots Down Apple Bid to Strike Certain Voip-Pal Claims Upheld by PTAB
In the latest episode of a long-running saga between Apple and Voip-Pal, the U.S. Court of Appeals for the Federal Circuit on Friday denied Apple’s …
‘Lead Development’ in Compound Claim Challenges
In an earlier article, “Tips for Selecting a ‘Lead Compound’ in Compound Claim Challenges,” I introduced an approach derived by U.S. federal courts called the “lead …
UK Judge Upholds Refusal of DABUS Patents
In the latest decision regarding inventions made by the DABUS artificial intelligence machine, the England & Wales High Court has upheld two decisions of the UK Intellectual Property …
Google’s Fair Use Shell Game
Google has admitted it copied over 11,000 lines of Oracle’s creative Java code to build its Android smartphone platform, that it makes commercial use of the code …
Patent Filings Roundup: Clash of Clans Conflict Continues; First ANDA-Related Pharmaceutical Patent Discretionary Denial; Freedom-to-Operate Action on Synthetic Peptide Tech
District court patent filings bounced back this week to 86, while the Patent Trial and Appeal Board (PTAB) saw a slight jump to 44, fueled in part by eight …
AAM v. Neapco Comes Full Circle: The Foundation of Invention Becomes its Trap (Part II)
In Part I of this article, we briefly summarized how O’Reilly v. Morse was relied upon in the denial for rehearing in the recent case of …
Morse Code: Is There a Message Behind the Federal Circuit Split in American Axle v. Neapco? (Part I of II)
It may seem surprising that the patent eligibility of making an axle for a motor vehicle could be so divisive among judges of a court tasked by …
Gathering Business Data? Be Careful, Mom is Watching – A Comment on Data Scraping and the Compulife Case
When people say that “data is the new oil,” they’re talking about new ways of creating wealth. No matter what business you’re in, success today …
Recent Trademark Developments: Four Cases Shaping the Law in the United States and Beyond
Trademark law has seen substantial developments in 2019 and 2020, with four major cases in the United States and Europe rising to the top. The U.S. Supreme Court (…
Packet Intelligence Asks CAFC to Rehear Panel Analysis on Patent Marking Under Arctic Cat
Packet Intelligence, LLC has filed a combined request for rehearing and rehearing en banc with the U.S. Court of Appeals for the Federal Circuit, asking the …
