In vitro gametogenesis (IVG) is a recent development in reproductive technology, and has been used for creating mouse embryos in vitro. IVG includes obtaining cells from a donor (such as skin cells), and differentiating the cells in a laboratory culture dish into gametes (eggs and sperm). Differentiated eggs can be inseminated with differentiated sperm in the laboratory culture dish to generate embryos for implantation into a womb.

Before Prost, Newman, and Lourie. Appeal from the United States Patent and Trademark Office (PTAB)

Summary: A limitation that merely claims information by incorporating that information into a mental step or process is not entitled to patentable weight under the printed matter doctrine, unless the limitation is functionally related to the substrate.

Before Reyna, Bryson, and Stoll. Appeal from the Patent Trial and Appeal Board.

Summary: A petitioner in an Inter Partes Review may introduce new evidence not included in its petition if: 1) the evidence is a reply to evidence introduced by the patent owner or 2) the evidence documents the knowledge that skilled artisans would bring to bear in reading the prior art identified as producing obviousness.

Before Lourie, O’Malley, and Taranto.  Appeal from the United States District Court for the Northern District of Texas.

Summary:  Claims may be determined patent ineligible on the pleadings where no facts are asserted from which a non-abstract improvement may be plausibly inferred.  Advances within the realm of abstract ideas, no matter how ground-breaking, are insufficient to render a claim patent eligible.

Before Reyna, Linn, and Hughes. Petition for Writ of Mandamus from the District Court for the Eastern District of Texas.

Summary: A corporation incorporated in a state having multiple judicial districts “resides” for purposes of the patent venue statute only in the single judicial district within that state where it maintains a principal place of business, or failing that, the judicial district in which its registered office is located.

Before Hughes, Reyna, Stoll.  Appeal from the District of Minnesota.

Summary:  Specific personal jurisdiction over a foreign corporation is proper when the foreign corporation allegedly commits acts that infringe a U.S. patent on a U.S.-flagged ship regardless of whether the contract from which those acts arose specifies where the acts should take place. 

Before Reyna, Linn, and Hughes.  On Petition for Writ of Mandamus to the Eastern District of Texas.

Summary: Under Federal Circuit law, the plaintiff bears the burden of showing that venue is proper.  Further, an arms-length agreement with a call center in the relevant district is insufficient to show a regular and established place of business for venue.

Before Wallach, O’Malley, and Schall.  Appeal from the Patent Trial and Appeal Board.

Summary: PGR petitioner has standing to appeal PTAB decision, where petitioner intended to file an ANDA for the patented product as soon as possible.

Before NEWMAN, DYK, and STOLL.  Appeal from the Northern District of California.

Summary:  A consumer of a patented product has no standing under the Declaratory Judgment Act to challenge the validity of patents.

On May 2, 2018, high-end fashion designer and retailer Burberry Limited filed a complaint in the Southern District of New York against big box retailer Target Corporation alleging trademark infringement and trademark counterfeiting (among other claims) for Target’s alleged “repeated, willful and egregious misappropriation of Burberry’s famous and iconic luxury check trademarks.