 |
DOCTRINE OF PROSECUTION DISCLAIMER APPLIES TO DESIGN PATENTS* *
Top Brand LLC v. Cozy Comfort Co. LLC, 24-2191
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July 17, 2025 |
IPO Federal Circuit Summaries |
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FINAL WRITTEN DECISION DOES NOT DETERMINE IF APPLICANT-ADMITTED PRIOR ART WAS USED AS A BASIS IN IPR PETITION* *
Shockwave Med., Inc. v. Cardiovascular Sys., Inc., 23-1864, 23-1940
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July 14, 2025 |
IPO Federal Circuit Summaries |
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FEDERAL CIRCUIT REJECTS BLANKET RULE FOR PRESUMPTION OF OBVIOUSNESS*
Janssen Pharms., Inc. v. Teva Pharms. USA, Inc.
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July 08, 2025 |
IPO Federal Circuit Summaries |
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COURT DECLINES TO ENGAGE IN CLAIM CONSTRUCTION ON APPEAL OF SUMMARY JUDGMENT *
Engenera, Inc. v. Cisco Sys., Inc., 23-1428
|
July 07, 2025 |
IPO Federal Circuit Summaries |
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FEDERAL CIRCUIT DOES NOT HAVE APPELLATE JURISDICTION OVER ITC SECTION 1337(H) DETERMINATIONS * *
Reaktek Semiconductor Corp. v. Int’l Trade Comm., 23-1187
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June 18, 2025 |
IPO Federal Circuit Summaries |
|
USPTO APPLIED OVERLY STRICT STANDARD TO DETERMINE NEXUS TO LICENSES SUBMITTED AS OBJECTIVE INDICIA * *
Ancora Techs., Inc. v. Roku, Inc., 2023-1674, 2023-1701
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June 16, 2025 |
IPO Federal Circuit Summaries |
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VERDICT FORM VIOLATED DEFENDANT’S RIGHT TO A UNANIMOUS JURY* *
Optis Cellular Tech., LLC v. Apple Inc., 22-1904, 22-1925
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June 16, 2025 |
IPO Federal Circuit Summaries |
|
MOBILE CHECK DEPOSIT SYSTEM WAS A PATENT INELIGIBLE ABSTRACT IDEA*
United Servs. Automobile Assoc. v. PNC Bank N.A., 23-1639, 23-1866, 25-1276, 25-1341
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June 12, 2025 |
IPO Federal Circuit Summaries |
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DECLARATORY JUDGMENT DENIED DUE TO LACK OF REASONABLE APPREHENSION OF INFRINGEMENT*
Mitek Sys., Inc. v. United Servs. Automobile Assoc., 23-1687
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June 12, 2025 |
IPO Federal Circuit Summaries |
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CRISPR-CAS SYSTEM ANTICIPATED BY SUFFICIENTLY ENABLING PRIOR ART * *
Agilent Techs., Inc. v. Synthego Corp., 23-2186, 23-2187
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June 11, 2025 |
IPO Federal Circuit Summaries |
|
SIRIUS XM FAILED TO SHOW IT MATERIALLY RELIED ON MISLEADING CONDUCT IN EQUITABLE ESTOPPEL DEFENSE* *
Fraunhofer-Gesellschaft Zur Forderung Der Angewandten Forschung E.V. v. Sirius XM Radio Inc., 23-2267
|
June 09, 2025 |
IPO Federal Circuit Summaries |
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35 U.S.C. § 312(A)(2) DOES NOT CREATE AN INFORMATIONAL RIGHT * *
Dolby Labs. Licensing Corp. v. Unified Pats., LLC, 23-2110
|
June 05, 2025 |
IPO Federal Circuit Summaries |
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ALNYLAM ACTED AS LEXICOGRAPHER THROUGH DEFINING TERM IN PATENT’S SPECIFICATION * *
Alnylam Pharms., Inc. v. Moderna, Inc., 23-2357
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June 04, 2025 |
IPO Federal Circuit Summaries |
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USPTO IMPROPERLY ENGAGED IN CLAIM CONSTRUCTION DURING OBVIOUSNESS ANALYSIS* *
Sigray, Inc. v. Carl Zeiss Microscopy, Inc., 23-2211
|
May 23, 2025 |
IPO Federal Circuit Summaries |
|
LEXMARK FRAMEWORK APPLIES TO COMMERCIAL BASES OF OPPOSITION UNDER 15 U.S.C. § 1063*
Curtain v. United Trademark Holdings, Inc., 23-2140
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May 22, 2025 |
IPO Federal Circuit Summaries |
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DOCTRINE OF FOREIGN EQUIVALENTS WHERE APPELLANT FAILED TO SHOW MARK WAS UNLIKELY TO BE TRANSLATED BY CONSUMERS* *
In re Vetements Grp. AG, 23-2050, 23-2051
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May 21, 2025 |
IPO Federal Circuit Summaries |
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EXPERT TESTIMONY ON REASONABLE ROYALTY RATE WAS INADMISSIBLE UNDER FRE 702 AND DAUBERT* * *
Ecofactor, Inc. v. Google LLC, 23-1101
|
May 21, 2025 |
IPO Federal Circuit Summaries |
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USPTO FAILED TO CONSIDER ROUTINE SKILLS AND TECHNIQUES IN CONCEPTION ANALYSIS* *
Regents of U.C. v. Broad Inst., Inc., 22-1594, 22-1653
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May 12, 2025 |
IPO Federal Circuit Summaries |
|
PRELIMINARY INJUNCTION WAS IMPROPER WHEN COMPETITIVE HEAD START WAS INEVITABLE* *
Incyte Corp. v. Sun Pharma. Indus., Ltd., 25-1162
|
May 07, 2025 |
IPO Federal Circuit Summaries |
|
PLANS TO DEVELOP DRUG WERE TOO SPECULATIVE TO CONFER STANDING*
Incyte Corp. v. Sun Pharma. Indus. Inc., 23-1300
|
May 07, 2025 |
IPO Federal Circuit Summaries |
|
USPTO MAY CONSIDER EVIDENCE AS OF THE TIME OF EXAMINATION IN DETERMINING REGISTRATION UNDER LANHAM ACT § 2(A)*
In re Foster, 23-1527
|
May 07, 2025 |
IPO Federal Circuit Summaries |
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IPR ESTOPPEL DOES NOT APPLY TO EVIDENCE THE INVENTION WAS KNOWN OR USED BY OTHERS, ON SALE, OR IN PUBLIC USE* *
Ingenico Inc. v. IOENGINE LLC, 23-1367
|
May 07, 2025 |
IPO Federal Circuit Summaries |
|
FINTIV DIGITAL WALLET CLAIMED MEANS-PLUS-FUNCTION TERMS SUBJECT TO 35 U.S.C. § 112 ¶ 6 * *
Fintiv Inc. v. PayPal Holdings Inc., 23-2312
|
April 30, 2025 |
IPO Federal Circuit Summaries |
|
FEDERAL CIRCUIT ADOPTS MILWAUKEE TEST FOR GENERICNESS * *
In re: PT Medisafe Techs., 23-1573
|
April 29, 2025 |
IPO Federal Circuit Summaries |
|
USPTO INCORRECTLY INTERPRETED “IN COMBINATION” RULE UNDER 35 U.S.C. § 311(B) * *
Qualcomm Inc. v. Apple Inc., 23-1208, 23-1209
|
April 23, 2025 |
IPO Federal Circuit Summaries |
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DISTRICT COURT DID NOT ERR IN DETERMINING THAT PHOSITA WOULD HAVE HAD KNOWLEDGE OF U.S. AND UK REGULATORY REQUIREMENTS * *
Sage Prods., LLC v. Stewart
|
April 15, 2025 |
IPO Federal Circuit Summaries |
|
PARALLEL LITIGATION COULD NOT BE CONSIDERED IN TRANSFER ANALYSIS *
In re SAP America, Inc., 25-118
|
April 10, 2025 |
IPO Federal Circuit Summaries |
|
USPTO MAY BE ABLE TO RECONSIDER TRADEMARK REGISTRABILITY AFTER FAILED OPPOSITION * *
Heritage Alliance, AFA Action Inc. v. Am. Policy Roundtable, 24-1155
|
April 09, 2025 |
IPO Federal Circuit Summaries |
|
APPLICATION’S PROSECUTION HISTORY DID NOT AFFECT CLAIMS OF RELATED PARALLEL APPLICATION * *
Azurity Pharms. Inc. v. Alkem Labs. Ltd., 23-1977
|
April 08, 2025 |
IPO Federal Circuit Summaries |
|
TRADE SECRET WAS PROPERLY ACCESSIBLE WHEN DEFENDANT COULD HAVE DISCOVERED IT * *
ams-OSRAM USA Inc. v. Renesas Elecs. Am. Inc., 22-2185, 22-2186
|
April 04, 2025 |
IPO Federal Circuit Summaries |
|
PROVISIONAL RIGHTS CANNOT BE GRANTED TO PATENTS ISSUED BEYOND EXPIRATION DATE*
In re Forest, 23-1178
|
April 03, 2025 |
IPO Federal Circuit Summaries |
|
APPELLANT’S REQUEST FOR REMITTITUR WAS NOT FORFEITED IN CONTEXT OF TRIAL *
Wash World Inc. v. Belanger Inc., 23-1841
|
March 24, 2025 |
IPO Federal Circuit Summaries |
|
*PROVISIONAL APPLICATION MUST SUPPORT SUBJECT MATTER CITED AS PRIOR ART TO CLAIM PROVISIONAL PRIORITY DATE *
In re Riggs, 22-1945
|
March 24, 2025 |
IPO Federal Circuit Summaries |
|
FEDERAL CIRCUIT DECLINES TO EXPAND PROSECUTION DISCLAIMER ANALYSIS *
Maquet Cardiovascular LLC v. Abiomed Inc., 23-2045
|
March 21, 2025 |
IPO Federal Circuit Summaries |
|
DOCTRINE OF NATURAL EXPANSION CANNOT BE USED TO ESTABLISH TRADEMARK PRIORITY *
Dollar Fin. Grp., Inc. v. Brittex Fin. Inc., 23-1375
|
March 19, 2025 |
IPO Federal Circuit Summaries |
|
FAILURE TO TIMELY FILE UNDER 37 C.F.R. § 90.2(A)(3)(II) DID NOT AFFECT FEDERAL CIRCUIT’S JURISDICTION *
AMP Plus, Inc. v. DMF, Inc, 23-1997
|
March 19, 2025 |
IPO Federal Circuit Summaries |
|
SUA SPONTE SHOW CAUSE ORDER WAS WITHIN ITC’S DISCRETION *
Realtek Semiconductor Corp. v. Int’l Trade Comm., 23-1095
|
March 18, 2025 |
IPO Federal Circuit Summaries |
|
DISTRICT COURT WAS NOT BOUND BY PREVIOUS CLAIM CONSTRUCTION IN APPLYING BECTON * *
Regeneron Pharms, Inc. v. Mylan Pharms Inc., 24-2351
|
March 14, 2025 |
IPO Federal Circuit Summaries |
|
REISSUED PATENTS ENTITLED TO PTE BASED ON ORIGINAL PATENT’S ISSUE DATE* *
Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., 23-225
|
March 13, 2025 |
IPO Federal Circuit Summaries |
|
JEPSON CLAIM PREAMBLE REQUIRES A WRITTEN DESCRIPTION *
In re Xencor, Inc., 24-1870
|
March 13, 2025 |
IPO Federal Circuit Summaries |
