IP Litigation > Nova Content
Reasonably Could Have Raised & Reasonably Diligent
Prior to last year’s SAS decision, district courts split over whether non-petitioned grounds were... Read More »
AIRBUS S.A.S. v. FIREPASS CORPORATION
Before Lourie, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: Whether an asserted prior ... Read More »
CASE OF THE WEEK
Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir. Oct. 31, 2019)
In the most important case to affect America... Read More »
In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., Oct. 31, 2019), a three Judge Fed. Cir. panel of Moore, Reyna and Chen took a deep dive ... Read More »
Well, that Escalated Quickly…
On the heels of the supplemental briefing discussed yesterday, the Federal Circuit has already issued its decision in ... Read More »
An Avalanche of FWD Do-Overs Imminent?
Back in June I explained the latest constitutional challenge to AIA Trial Proceedings under the Appointments Clause of the... Read More »
Burden of Persuasion to Demonstrate Unpatentability on Petitioner
The United States Patent and Trademark Office (USPTO) has issued a Notice of Proposed Rulemaking ... Read More »
CASE OF THE WEEK
Due to technical issues, this week’s report covers the past two weeks.
HZNP Medicines LLC v. Actavis Laboratories UT, Inc., Appeal Nos. ... Read More »
Federal Gov’t & Federal Contractors in the Court of Federal Claims – A Legal Relationship?
Federal government contractors are protected from... Read More »
Informative Decisions Address Design Choice Considerations
Today, the Patent Trial & Appeal Board (PTAB) designated two ex parte appeal decision informative... Read More »
In OSI v. Apotex, Appeal no. 2018-1925 (Fed. Cir., October 4, 2019), the panel reversed the PTAB and found that the method of treatment claims in U.S. Pat. No... Read More »
CASE OF THE WEEK
American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, Appeal No. 2018-1763 (Fed. Cir. Oct. 3, 2019)
In this week’s Case of... Read More »
Director Determinations Cannot be Made by an AIA Trial Panel
Motion practice in AIA trial proceedings is typically limited to the handful of motions that may be... Read More »
CASE OF THE WEEK
SIPCO, LLC v. Emerson Electric Co., Appeal No. 2018-1635 (Fed. Cir. Sept. 25, 2019)
In this appeal of the Patent Trial and Appeal... Read More »
A few weeks ago, we released our 3rd Annual IPR Intelligence Report. Several companies asked us to further explain how to use the Excel file came with the report for... Read More »
CASE OF THE WEEK
Inspired Development Grp, LLC v. Inspired Products Grp., LLC, Appeal No. 2018-1616 (Fed. Cir. Sept. 18, 2019)
Our first patent case of the... Read More »
Unrebutted Secondary Indicia Considered in Assessing Becton-Dickinson Factors
The submission of so-called “objective indicia of non-obviousness” at... Read More »
CASE OF THE WEEK
Curver Luxembourg, SARL v. Home Expressions Inc., Appeal No. 2018-2214 (Fed. Cir. Sept. 12, 2019)
In a significant case in the field of... Read More »
Lack of Stakeholder Consensus on 101 Effort
The sponsors of the promised bill to reform 35 U.S.C. § 101 are struggling to regain earlier momentum. It seems... Read More »
CASE OF THE WEEK
Board of Regents of the University of Texas Sys. v. Boston Scientific Corp., Appeal No. 2018-1700 (Fed. Cir. Sept. 5, 2019)
This week’s ... Read More »