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May 8, 2021
MOJAVE DESERT HOLDINGS, LLC, Appellant v. CROCS, INC., Appellee Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. 95/002,100. ORDER ISSUED: February 11, 2021 ORDER MODIFIED: April 21, 2021 U.S.A. Dawgs appealed from a United States Patent and Trademark Office decision finding Crocs design patent (No. D517,789) patentable. […]
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June 14, 2020
Esip Series 2, LLC v. Puzhen Life USA, LLC No. 2019-1659 Fed. Cir. Before Circuit Judges Lourie, Reyna, and Hughes. The Court affirmed the decision of the Patent Trial and Appeal Board that certain claims of ESIP’s patent are invalid as obvious. The Court also rejected ESIP’s argument that the Board should not have instituted […]
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May 14, 2020
Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation No. 2018-2273 Fed. Cir. Before Circuit Judges Lourie, Moore, and Reyna. In this appeal from the Patent Trial and Appeal Board, the Court held that Argentum lacks Article III standing and dismissed the appeal. Standing requires that the Argentum “ suffered an injury in fact, that is fairly […]
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April 14, 2020
Nike, Inc. v. Adidas AG No. 2019-1262 Fed. Cir. April 9, 2020 Before Circuit Judges Lourie, Chen, and Stoll. Nike appealed the Patent Trial and Appeal Board’s decision on remand denying its request to enter substitute claims 47–50 of U.S. Patent No. 7,347,011 on the ground that those claims are unpatentable under 35 U.S.C. § […]
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February 14, 2020
Koninklijke Philips N.V. v. Google LLC, Microsoft Corporation, Microsoft Mobile, Inc. No. 2019-1177 Fed. Cir. Philips v Google Microsoft PTAB summary The Court affirmed the decision of the Patent Trial and Appeal Board (“Board”) in an inter partes review of U.S. Patent No. 7,529,806 finding that the claims were unpatentable as obvious. The Board instituted […]
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August 19, 2019
Westech Aerosol Corporation v. 3M Company, et al.
Westech appealed the decision of the district court for the Western District of Washington granting 3M’s motion to dismiss for improper venue. Considering the Supreme Court’s ruling in TC Heartland, 137 S.Ct. 1514 (2017), 3M moved to amend its motion to dismiss to include an argument that venue was improper because 3M did not have a regular and established place of business in the judicial district.
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July 26, 2018
ZEROCLICK, LLC, Plaintiff-Appellant v. APPLE INC., Defendant-Appellee 2017-1267 The Federal Circuit found that the district court had failed to undertake a relevant inquiry and make related factual findings to support its conclusion that the asserted claims recited means-plus- function terms. The Federal Circuit vacated and remanded the district court’s judgment. The patents-in-suit relate to modifications […]
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March 26, 2017
SHIRE DEVELOPMENT, LLC, SHIRE PHARMACEUTICAL DEVELOPMENT, INC., COSMO TECHNOLOGIES LIMITED, GIULIANI INTERNATIONAL LIMITED, NKA NOGRA PHARMA LIMITED, Plaintiffs-Appellees v. WATSON PHARMACEUTICALS, INC., NKA ACTAVIS, INC., WATSON LABORATORIES, INC. – FLORIDA, NKA ACTAVIS LABORATORIES FL, INC., WATSON PHARMA, INC., NKA ACTAVIS PHARMA, INC., WATSON LABORATORIES, INC., Defendants-Appellants 2016-1785 February 10, 2017 Plaintiffs Shire sued Defendants Watson […]
