Before Moore, Hughes, and Stoll. Appeal from the United States District Court for the District of North Dakota.
Summary: A district court must articulate a reasonable basis for denying attorneys’ fees under § 285 if it found inequitable conduct.
Before Newman, Mayer, and Lourie. Appeal from the Patent Trial and Appeal Board.
Summary: An application is unpatentable under pre-AIA 35 U.S.C. § 102(f) when the application does not name the correct inventors.
The U.S. Patent and Trademark Office has issued new guidance to patent examiners in light of the Federal Circuit’s recent holdings in Berkheimer v. HP Inc., 881 F.3d 1360 (Fed. Cir. 2018) and Aatrix Software, Inc. v. Green Shades Software, Inc., 882 F.3d 1121 (Fed. Cir. 2018). The new guidance emphasizes that a patent examiner’s conclusion as to whether elements of a patent claim represent “well-understood, routine, conventional activity” must be based on a factual determination, and that the factual determination must be supported in writing if the Examiner rejects a claim on those grounds.
Before Reyna, Wallach, and Stoll. Appeal from the United States District Court for the Middle District of Georgia.
Summary: A complaint that attaches the asserted patents, specifically identifies the accused products by name and with photos, and alleges that the accused products meet each and every element of at least one claim of the asserted patents, is sufficient, for at least simple technologies, to survive a motion to dismiss under Iqbal/Twombly.
Discoveries regarding the role of the microbiome in human health and disease have been emerging with stunning frequency. While each new discovery builds upon the last, occasionally a point is reached at which, in the aggregate, researchers can begin to refocus their efforts, identifying distinct approaches to modulating and/or protecting our internal flora in order to preserve and enhance our own well-being.
Before Dyk, Bryson, and Taranto. Appeal from the United States District Court for the Eastern District of Texas.
Summary: A plaintiff has no 7th Amendment right to a jury trial for a claim for disgorgement of profits for trade secret misappropriation.
According to an Apple press release, iPhone users will now be able to store and view their medical records on their phones as part of a new feature found in…
3D printing specialist Materialise recently received FDA 510(k) clearance for its Mimics inPrint software. Mimics inPrint is said to use to create 3D anatomical models from medical image data and output…
On April 26, 2018, the USPTO issued a one-page guidance document on the impact of the Supreme Court’s recent decision, SAS Institute Inc. v. Iancu, on AIA trial proceedings.
In another win in a string of victories for Solutran, Inc. in its long-running patent dispute with U.S. Bancorp, a jury in the U.S. District Court in Minnesota found that Solutran was entitled to both lost profits and a reasonable royalty for U.S. Bancorp’s infringement of a patent on Solutran’s SPIN™ technology for paper check processing. Solutran claims that this technology produces cost savings for its users on the order of 50-75%.
