Transfer of All Substantial Rights Allows a Licensee to Stand in the Patentee’s Shoes
TEXASLDPC INC. v. BROADCOM INC. Before Moore, Chen, and Bissoon (sitting by designation). Appeal from the United States District Court for the District of Delaware. Summary: A license agreement transferring...
A Private Sale Does Not Constitute a Public Disclosure Under § 102(B)(1)(B)
NCS MULTISTAGE INC., NCS MULTISTAGE, LLC V. NINE ENERGY SERVICE, INC. Before Reyna, Hughes, and Cunningham. Appeal from the United States District Court for the Western District of Texas Summary:...
Federal Circuit Clarifies Marking Requirements for Non-Practicing Entities
VDPP, LLC v. VOLKSWAGEN GROUP OF AMERICA, INC. Before Moore, Lourie, and Cunningham. Appeal from the United States District Court for the Southern District of Texas. Summary: To recover pre-suit...
Referencing Reexamination Does Not Justify Jurisdiction
T-MOBILE US, INC. v. KAIFI LLC Before Taranto, Schall, and Chen. Appeal from the United States District Court for the Eastern District of Texas. Summary: A contractual dispute does not...
Improper Venue: A First, But Not Last, Ground For Dismissal
AML IP, LLC v. BATH & BODY WORKS DIRECT, INC. Before Prost, Bryson, and Reyna. Appeal from the United States District Court for the Eastern District of Texas. Summary: A...
The Problem with Defining the “Problem”: Federal Circuit Affirms Flexible Analogous-Art Analysis
NIELSEN COMPANY (US), LLC v. TVISION INSIGHTS, INC. Before Dyk, Reyna, and Bissoon (Chief District Judge for U.S. District Court for the Western District of Pennsylvania, sitting by designation). Appeal...
Patent Failed to Enable Dosage Claims
WYETH LLC V. ASTRAZENECA PHARMA. LP Before Lourie, Linn, and Hughes. Appeal from District Court for the District of Delaware. Summary: Patent claims were not enabled because the specification failed...
Prosecution Statements Can Create Substantial Questions of Noninfringement at the Preliminary Injunction Stage
Ridge Corp., et al. v. Kirk NationaLease Co., et al. Before Dyk, Mayer, and Taranto. Appeal from the United States District Court for the Southern District of Ohio. Summary: A...
Preliminary Injunction Vacated Due to Claim Construction Errors
Socket Solutions, LLC v. Import Global, LLC Before Moore, Prost, and Seeborg. Appeal from the U.S. District Court for the Southern District of Florida. Summary: A preliminary injunction cannot stand...
Federal Circuit Sheds Light on “Skilled Searcher” Standard for IPR Estoppel
IRONBURG INVENTIONS LTD. v. VALVE CORPORATION Before Chen, Hughes, and Stark. Appeal from the United States District Court for the Western District of Washington. Summary: The Federal Circuit reversed and...
Typos Cause Alkanes of Trouble
ENCANTA PHARMACEUTICALS, INC. v. PFIZER INC. Before Lourie, Bryson, and Chen. Appeal from the United States District Court for the District of Massachusetts. Summary: A patentee could not argue that...
PTAB May Revisit Issues Left Unresolved by Prior Appeal
INTELLECTUAL PIXELS LIMITED v. SONY INTERACTIVE ENTERTAINMENT LLC Before Dyk, Stoll, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: The Board did not exceed the Federal Circuit’s...
When ‘Any Patent’ Means No Patent: Federal Circuit Reverses Non-Specific Verdict
OLLNOVA TECHNOLOGIES LTD. v. ECOBEE TECHNOLOGIES ULC [OPINION] Before Chen, Cunningham, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Summary: A verdict form...
Skinny Labels at the Supreme Court: Carving Out Room for Generics to Breathe
HIKMA PHARMACEUTICALS USA INC. et al. v. AMARIN PHARMA, INC., et al. Jackson, J., delivered the opinion for a unanimous Court. Certiorari to the United States Court of Appeals for...
Reap What You Sow: Industry-Specific Applications of Data Processing Do Not Survive § 101
AGI SURETRACK LLC v. FARMERS EDGE INC. Before Moore, Mayer, and Lourie. Appeal from the District of Nebraska. Summary: Patents claiming data collection, processing, and transmission using generic computer components...
Access Plus Similarity Starts the Clock for Trade Secret Misappropriation Claims
Insulet Corp. v. EOFlow, Co. Ltd. Before Dyk, Prost, and Reyna. Appeal from the United States District Court for the District of Massachusetts. Summary: A trade secret misappropriation claim accrues...
No Notice, No Fix: Failure to Satisfy § 256(B) Renders Patent Invalid
Fortress Iron, LP, v. Digger Specialties, INC. Before Lourie, Hughes, Circuit Judges, and Kleeh, Chief District Judge. Appeal from the United States District Court for the Northern District of Indiana. Summary:...
A Cure for Written Description and Enablement Headaches: Prior Art
TEVA PHARMACEUTICALS INTERNATIONAL GMBH v. ELI LILLY AND COMPANY Before Prost, Cunningham, and Andrews. Appeal from the United States District Court of the District of Massachusetts. Summary: A functionally defined...
Invisible but Invalidating: Undisclosed Functionality Still Triggers On-Sale Bar
DEFINITIVE HOLDINGS, LLC v. POWERTEQ LLC Before Moore, Dyk, and Cunningham. Appeal from the United States District Court for the District of Utah. Summary: A third-party sale of a product...
Factual Stipulations May Simplify Discovery, but Also Help Plaintiff Navigate Difficult Issues of Fact and Law
VLSI TECHNOLOGY LLC v. INTEL CORP. Before Moore, Chen, and Kleeh. Appeal from the United States District Court for the Northern District of California. Summary: The Federal Circuit reversed summary...
Implant Trade Secrets Are Not Protectable Due to Disclosure in Patents
INTERNATIONAL MEDICAL DEVICES, INC. v. CORNELL Before Dyk, Reyna, and Taranto. Appeal from the United States District Court for the Central District of California Summary: The Federal Circuit held under...
