Repercussions of the patent application disclosure process for medical device companies intending to profit from their inventions has long been under-discussed. Industries across the board have the shared experience of navigating two agency approvals, one from the U.S. Food and Drug Administration (FDA), and another from the U.S. Patent and Trade Office. Recently, a fascinating…
On June 30, 2023, the U.S. Court of Appeals for the Federal Circuit declared it would rehear the compelling case of LKQ Corp. v. GM Global Tech Operations en banc. The announcement has sparked anticipation among legal professionals around the world. The full court’s intention to reevaluate the existing doctrine on design patent obviousness, a…
The US Court of Appeals for the Federal Circuit recently affirmed the dismissal of a lawsuit related to subject matter eligibility, thrusting the legal community into discussions about intellectual property law interpretation. The lawsuit in question, Realtime Data LLC v. Array Networks Inc., Case No. 2021-2251, was thrown out based on an Alice two-step analysis…
Welcome to the third edition of the AI Legal News Summer Roundup, where we journey yet again into the ever-evolving world of artificial intelligence (AI) in the legal sphere. In this edition, we cover class action suits, patent infringement cases, data privacy controversies, and more. From June 28 to July 11, five significant class-action lawsuits…
In a recent precedential opinion, the U.S. Court of Appeals for the Federal Circuit clarified the original patent requirement based on Title 35 of the U.S. Code, Section 251, which applies to reissue applications. The decision, named ‘In re: Float’N’Grill LLC’, differentiates the original patent requirement from the written description requirement, further explaining what is…
In an intriguing twist related to patent law, the Federal Circuit has vacated and remanded a non-obviousness decision of the Patent Trial and Appeal Board (PTAB or Board). The crux of the matter revolves around the opinion that the context of the proposed combination of prior art wasn’t directly aimed at the context of the…
In a competitive business landscape, the art of staying ahead often folds into the legal realm. Corporations and law firms the world over are increasingly finding themselves drawn to the complexities of unfair competition litigation. This paradigm has become more evident in the era of the “great resignation.” As originally reported on Arkansas Business by…
Fast food giants Taco Bell and Subway have approached a federal judge in the Eastern District of Texas to dismiss lawsuits against them. They stand accused of infricating three mobile-ordering patents. However, their primary argument is that since they are not residents of Texas, it is not a suitable venue for the cases. More information…
The Federal Circuit has denied a request to reconsider its decision which invalidated two patents supporting the WeatherTech brand of floor mats. This decision overrules a previous judgment at the Patent Trial and Appeal Board that upheld the patents. The details surrounding this pivotal decision remain undisclosed due to access restrictions from the article’s source….
AstraZeneca’s cancer drug Calquence, has weathered a significant challenge by dodging a review by the Patent and Trial Appeal Board (PTAB). Calquence, a pharmaceutical drug that has accounted for more than $2 billion in sales for AstraZeneca the previous year, is clearly a high-valued asset for the international pharmaceutical company. The legal confrontation had commenced…
Medical testing companies, Natera Inc. and Eurofins Viracor LLC, recently urged the U.S. Supreme Court to refrain from reviewing the invalidation of Stanford University and CareDx patents for their innovatory blood test. The blood test, crucial for detecting organ rejection, had its patents invalidated as they were deemed to cover only natural phenomena. Law360 reported…
The Federal Circuit has dismissed a petition for rehearing in the case involving WeatherTech. The court had previously invalidated two patents linked to the WeatherTech brand of floor mat. Interestingly, these patents were originally upheld at the Patent Trial and Appeal Board. The dismissal means that the Federal Circuit’s previous decision to invalidate these patents…
Sony has recently appealed to the Federal Circuit to compel a Texas federal judge to relocate a lawsuit to California. The lawsuit accuses Sony of infringing multiple patents through its PlayStation 4 console. According to Sony, the relocation is justified because the patent owner does not operate in Texas. The case arose from a patent…
A Senate bill seeking crucial modifications to the operation of patent challenges at the Patent Trial and Appeal Board (PTAB), has come under fire from a consortium of ten think tanks and consumer groups. Their main concern? They believe the bill will perpetuate the status quo of Americans paying higher prices for prescription drugs than…
In a long-winded patent battle among industry giants Intuitive Surgical and Johnson & Johnson subsidiary Auris, there has finally been a resolution. The two entities have agreed to settle a nearly five-year lawsuit regarding accusations of infringement on various surgical robot patents. The agreement thereby concludes a span of protracted litigation that began back in…
In a recent decision, the Federal Circuit tackled patent eligibility under Alice in Sanderling Management v. Snap Inc, No. 21-2173 (Fed. Cir. Apr. 12, 2023). The case, which questions whether the district court should have afforded the patent owner leave to amend its complaint, offers refreshing insights on the avenues of litigation and the thresholds…
In a recently published article on JD Supra, the U.S. Federal Circuit is closely monitoring legal developments around patent law. Specifically, the question of whether pending, non-final litigation or Inter Partes Review (IPR) processes can negate intent to infringe if there’s already substantive evidence supporting such intentions. The focal point of this legal discussion is…
In a noteworthy instance of patent law, the Patent Trial and Appeal Board (PTAB) has denied an institution petition from Mercedes Benz USA, disputing the filing date of a challenged patent held by Westport Fuel Systems Canada Inc. The case in question, Mercedes-Benz USA, LLC v. Westport Fuel Systems Canada Inc, Case IPR2023-00351, unfolded earlier…
Cellspin, the patent owner, is persistently urging the Federal Circuit to retroactively disqualify a California federal judge from an intellectual property dispute involving Fitbit LLC, a unit of Google. Moreover, the company makes an argument that the outcome of the case may have extensive implications for the United States’ judicial system. In various legal scenarios,…
In a significant unfolding event within American intellectual property law, Cellspin is maintaining its effort to have the Federal Circuit retroactively disqualify a California federal judge from a suit that involved the Google unit, Fitbit LLC. As reported by Law360, the patent holder argues that this case has widespread ramifications for the American judicial system….
A recent report reveals that U.S. District Judge Rodney Gilstrap has declared a pause on all deadlines relating to the ongoing dispute between the California Institute of Technology and electronics conglomerate Samsung. On Tuesday, Caltech and Samsung informed the court that they are on the verge of signing a settlement agreement, intended to resolve the…
On August 8, 2023, a series of events unfolded at the Federal Circuit that caught the attention of legal professionals worldwide, when not one, but two independent inventors lost their respective appeals. Despite the body of the article not being fully available, one can gather a substantial amount of insight simply by examining the particulars…
In a significant turn of events for InterDigital Inc., a California federal judge has dismissed a suit accusing the company of violating antitrust laws. Filed by a Swiss chipmaker, the lawsuit alleges that InterDigital demanded excessively high royalty rates to license patents considered crucial to 3G and 4G cellular technology standards. The judge, however, granted…
In a recent precedential opinion, the U.S. Court of Appeals for the Federal Circuit clarified the original patent requirement invoking Title 35 of the U.S. Code, Section 251, in correlation to reissue applications. The case in point In re: Float’N’Grill LLC. The Federal Circuit’s decision rejected the patent reissue request from the floating grill company,…
In light of recent developments, we examine the July 11 announcement by the United States Patent and Trademark Office (USPTO). The Office of the Chief Economist publicized the 2022 updates to its Trademark Case Files Dataset and Trademark Assignment Dataset. An evaluation of these updates shows an ongoing investment by the USPTO in improved transparency…