Knobbe/Martens: Intellectual Property Law

Litigation Blog

Litigation Blog
An Improper Reply to a Final Office Action May Result in the Accrual of Applicant Delay for PTA Calculations Published
Wednesday, September 18, 2019
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INTRA-CELLULAR THERAPIES, INC v. IANCU

Before Wallach, Chen, and Hughes.  Appeal from the United States District Court for the Eastern District of Virginia.

Summary:  If a proper reply to a final Office Action is not filed within the three-month response period, applicant delay may accrue resulting in the reduction of patent term adjustment.

 

Litigation Blog
Federal Court Lacked Jurisdiction over Contract Dispute Implicating Patent Infringement Published
Wednesday, September 18, 2019
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INSPIRED DEVELOPMENT GROUP v. INSPIRED PRODUCTS GROUP, LLC

Before Prost, Newman, and Stoll.  Appeal from the United States District Court for the Southern District of Florida.

Summary: Alleging that a contract issue implicates patent infringement may not be sufficient to invoke federal question jurisdiction.

 

Litigation Blog
Subsequent Examination After RCE and Interference Proceeding Are Not PTO Delay Published
Wednesday, September 18, 2019
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MAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCH v. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE

Before:  Newman, Lourie, and Dyk

Summary:  Where a request for continued examination has previously been filed, the time between terminating an interference and the notice of allowance is not PTO delay for purposes of calculating patent term adjustment.

 

Litigation Blog
Nexus Analysis May Be Based on Novel Combination of Known Elements Considered as a Whole Published
Friday, September 13, 2019
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HENNY PENNY CORPORATION v. FRYMASTER LLC

Before Lourie, Chen, and Stoll.  Appeal from the United States Patent and Trademark Office.

Summary: With respect to secondary considerations of nonobviousness, nexus may be satisfied by showing that objective evidence is tied to a novel combination of known elements.

 

Litigation Blog
Design Patent Figures Are Not the Only Source of Claim Limitations Published
Friday, September 13, 2019
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CURVER LUXEMBOURG, SARL v. HOME EXPRESSIONS INC.

Before Chen, Hughes, and Stoll. Appeal from the United States District Court for the District of New Jersey.

Summary: Claim language specifying the article of manufacture can limit the scope of a design patent where the article is not shown in the figures.

 

Litigation Blog
Federal Circuit Applies Collateral Estoppel and Avoids Antitrust Issues Published
Wednesday, September 11, 2019
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INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL CORP.

Before Prost, Bryson, and Reyna.  Appeal from the United States District Court for the District of Maryland.

Summary: The Federal Circuit applied collateral estoppel and thus avoided deciding whether a party with a large patent portfolio that allegedly threatened serial litigation to obtain licensing fees may have violated antitrust laws.

 

 

Litigation Blog
Court Upholds Patent Damages Award, Giving Patent Owner More Than It Requested Published
Tuesday, September 10, 2019
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A Chicago jury previously awarded Kolcraft Enterprises more than $3 million in damages based on Artsana’s infringement of U.S. Patent No. 7,376,993, related to infant play equipment.  Because the jury awarded Kolcraft almost half-a-million dollars more that Kolcraft requested, Artsana asked that Court overturn the jury verdict or order a new trial.  

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