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July 26, 2017
SHEILA LYONS, DVM, Appellant v. THE AMERICAN COLLEGE OF VETERINARY SPORTS MEDICINE AND REHABILITATION, Appellee 2016-2055 Decided: June 8, 2017 This is an appeal from the Trademark Trial and Appeal Board’s cancellation of Appellant Lyon’s registration of the service mark THE AMERICAN COLLEGE OF VETERINARY SPORTS MEDICINE AND REHABILITATION (“the mark”) on the Supplemental Register […]
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June 26, 2017
ARCELORMITTAL, ARCELORMITTAL ATLANTIQUE ET LORRAINE, Plaintiffs-Appellants v. AK STEEL CORPORATION, SEVERSTAL DEARBORN, INC., WHEELING-NISSHIN INC., Defendants-Appellees Case No. 2016-1357 Appeal from the United States District Court for the District of Delaware Decided: May 16, 2017 This dispute between the parties made its third appearance before the Federal Circuit. The Court affirmed the grant of summary […]
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May 26, 2017
Novartis AG v. Noven Pharmaceuticals Inc. No. 2016-1678, -1679 Fed. Cir. Apr. 4, 2017 Opinion by Circuit Judge Wallach with Chief Judge Prost and Circuit Judge Stoll Editors note: The instant appeals concern inter partes reviews of U.S. Patent Nos. 6,316,023 (“the ’023 patent”) and 6,335,031 (“the ’031 patent”) (together, “the Patents-in-Suit”). The United States Court of Appeals […]
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April 26, 2017
MENTOR GRAPHICS v. EVE-USA, INC., SYNOPSYS EMULATION AND VERIFICATION S.A.S, SYNOPSYS, INC. 2015-1470, 2015-1554, 2015-1556 Appeals from the United States District Court for the District of Oregon Decided: March 16, 2017 This lengthy opinion addresses: whether substantial evidence existed to support a jury’s infringement verdict; assignor estoppel; indefiniteness; eligible subject matter; preclusion of evidence of […]
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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 […]
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November 26, 2016
MIT v. Shire Pharmaceuticals, Inc. No. 2015-1881 Fed. Cir. Oct. 13, 2016 Opinion by Circuit Stoll with Circuit Judges O’Malley and Chen. The issues on appeal are: 1) the district court’s claim construction of “vascularized organ tissue” and “cells derived from a vascularized tissue” in view of the prosecution history; and 2) the district court’s […]
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October 26, 2016
WI-FI ONE, LLC, Appellant, v. BROADCOM CORPORATION, Appellee Wi-Fi asserted before the Board and on appeal that Broadcom was barred from petitioning for inter parties review because it was in privity with a time-barred district court litigant under 35 U.S.C. §315(b). The Court disagreed, and reasserted its holding in Achates that §314(d) prohibits this court […]
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August 26, 2016
Unwired Planet, LLC v. Apple Inc. No. 2015-1725 Fed. Cir. July 22 2016 Opinion by Circuit Judge Moore with Circuit Judges Bryson and Reyna. Unwired Planet appealed the lower court’s summary judgment of non-infringement of U.S. Patent Nos.: 6,532,446 Server based speech recognition user interface for wireless devices 6,647,260 Method and system facilitating web based […]
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May 26, 2016
Patent your Software ? Originally posted at Charleston Digital Corridor Case study: Enfish, LLC v. Microsoft Corporation You may be able to patent your software after all Mark Twain famously said “The reports of my death have been greatly exaggerated.” The same may be true of patents on software. After the Supreme Court’s holding in […]