Before PROST, Wallach, and Taranto. Appeal from the Southern District of Indiana.
Summary: In determining whether a party’s actions were “exceptional” under Octane Fitness, the District Court properly considered the totality of the evidence, including clear notice of the prevailing party’s invalidity position and litigation conduct.
Before Taranto, Plager, and Chen. Appeal from the Patent Trials and Appeals Board.
Summary: In determining whether materials distributed at meetings or conferences are reasonably accessible to the public, the Board must consider numerous factors, not just the exclusive nature and expertise of a group.
Until the cloning of Dolly the sheep in 1996 by scientists at the Roslin Institute, the idea of cloning a mammal, let alone a human being, was an idea relegated…
Cyberdyne, a Japan-based robotics technology company, recently announced its collaboration with Brooks Rehabilitation and the Brooks Cybernic Treatment Center to bring its Hybrid Assistive Limb (HAL®) exoskeleton to the U.S. market.
According to the Straits Times, QT Vascular, a Singapore-based medical device company, reached an asset purchase and option agreement to sell its intellectual property rights to some of its non-drug coated coronary products, such as its Chocolate XD® and Glider™, to Teleflex Life Sciences Unlimited Company and Teleflex Incorporated (“Teleflex“).
The FDA announced 510(k) clearance for Inari Medical’s FlowTriever device for the treatment of pulmonary embolism (“PE”). According to Inari, the FlowTriever system is the first thrombectomy device cleared for the treatment of PE. The FlowTriever had previously been cleared for treatment of the peripheral vasculature.
Before Wallach, Taranto, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: The Federal Circuit determined that it had jurisdiction to hear an appeal from a Board decision in an IPR even though the Board erred in limiting the scope of the IPR by not instituting on all claims and grounds.
During a speech on May 22, 2018 at the Alliance for Regenerative Medicine’s Annual Board Meeting, Food and Drug Administration (FDA) Commissioner Scott Gottlieb announced that the FDA plans to alert companies that “certain gene therapy products” will soon be able to qualify for fast track approval.[1]
Nike filed a lawsuit against Puma on May 3, 2018 in the District Court of Massachusetts accusing Puma of infringing over 40 claims of seven utility patents. The complaint asserts that Puma is using Nike’s Flyknit®, Air®, and cleat assembly in several of Puma’s footwear products. Footwear generally includes two primary elements, (1) an “upper,” which covers the foot, and (2) a “sole” structure, which is the portion located below the upper, between the foot and the ground. Nike’s Flyknit technology appears to relate to footwear uppers, whereas its Air technology and cleat assembly appear to relate to footwear sole structures.
Before Lourie, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board (“PTAB”).
Summary: Nothing in § 41.41(b)(2) bars a reply brief from addressing new arguments raised in the examiner’s answer that are not articulated in the Final Office Action, regardless of whether the examiner designated the new argument as a new ground of rejection.
