REALTIME ADAPTIVE STREAMING LLC v. SLING TV, LLC
Before Moore, Lourie, and Albright. Appeal from the United States District Court for the District of Colorado.
Summary: Awarding attorneys’ fees may be an abuse of discretion if the court relies on factors that should be given no weight in the exceptional-case analysis.
WISCONSIN ALUMNI RESEARCH FOUNDATION v. APPLE INC
Before Prost, Taranto, and Chen. Appeal from the United States District Court for the Western District of Wisconsin.
Summary: Literal infringement and infringement under the doctrine of equivalents are treated as the same issue for issue preclusion.
The June 2024 issue of Vanity Fair included the provocative headline: “Why Counterfeit Ozempic Is a Global-Growth Industry.” Novo Nordisk’s patented drug Ozempic® (semaglutide injection) was first approved by the FDA in 2017 for the treatment of type 2 diabetes. A few years later, clinical trials demonstrated that Ozempic® could also be used for weight loss in individuals without diabetes who had previously struggled to lose weight. News of the “miraculous weight loss” achieved with Ozempic® (and its sister drug Wegovy®) led to widespread demand for the drug and global shortages.
PLATINUM OPTICS TECHNOLOGY INC., v. VIAVI SOLUTIONS INC.
Before Moore. Appeal from the Patent Trial and Appeal Board.
Summary: Standing based on potential infringement liability requires concrete plans for future activity which will create a substantial risk of future infringement or will likely lead to a patentee claiming infringement.
BUREAU NATIONAL INTERPROFESSIONNEL DU COGNAC v. COLOGNE & COGNAC ENTERTAINMENT Before Lourie, Clevenger and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: Fame and likelihood of confusion analyses…
MOBILE ACUITY LTD. v. BLIPPAR LTD. Before Lourie, Bryson, and Stark. Appeal from the United States District Court for the Central District of California. Summary: Patent claims that merely recite…
CELANESE INTERNATIONAL CORPORATION v. ITC Before Reyna, Mayer, and Cunningham. Appeal from the International Trade Commission. Summary: Process patent claims are invalid under the on-sale bar (35 U.S.C. § 102(a)(1))…
GE HealthCare on July 25th, 2024, announced a collaboration with Amazon Web Services (AWS) to develop purpose-built foundation models and generative artificial intelligence (AI) applications. According to the GE HealthCare press release, the company intends to utilize Amazon Bedrock to amplify the advantages of generative AI for their customers and build its own proprietary generative AI applications for healthcare use cases.
KOSS CORPORATION v. BOSE CORPORATION
Before Hughes, Stoll, and Cunningham. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board.
Summary: Filing an amended complaint does not nullify a dismissal order that was not later vacated. Such an order merges into a final judgement for purposes of issue preclusion.
MILLER MENDEL, INC. V. CITY OF ANNA, TEXAS
Before Moore, Stoll, and Cunningham. Appeal from the United States District Court for the Eastern District of Texas.
Summary: No live controversy existed over patent claims omitted from infringement contentions prior to a judgment on the pleadings. Claims remaining in controversy were invalid under § 101.
