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September 22, 2021
TEVA PHARMACEUTICALS INTERNATIONAL GMBH, Appellant, v. ELI LILLY AND COMPANY, Appellee ANDREW HIRSHFELD, PERFORMING THE FUNCTIONS AND DUTIES OF THE UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE, Intervenor 2020-1747, 2020-1748, 2020-1750 Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board […]
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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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April 7, 2021
Uniloc 2017 LLC (Uniloc) appealed from two consolidated inter partes review (IPR) decisions of the Patent Trial and Appeal Board (Board) finding certain claims of U.S. Patent No. 8,995,433 (Patent) as obvious. Facebook petitioned to join an IPR initiated by Apple, Inc. challenging claims 1-6 and 8 of the Patent. LG Electronics Inc. (LG) also petitioned to join both of Facebook’s IPRs. This scenario presented a possible statutory estoppel issue.
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February 9, 2021
cxLoyalty, Inc. v. Maritz Holdings Inc. No. 2019-1567 Nos. 2020-1307, 2020-1309Fed. Cir. February 8, 2021 Before Chief Judge Prost, with Circuit Judges Lourie and Hughes. cxLoyalty petitioned for a covered business method (“CBM”) review of claims of U.S. Patent No. 7,134,087. The Board instituted CBM review and concluded that the original claims 1–15 are ineligible […]
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December 15, 2020
Donner Technology, LLC V. Pro Stage Gear, LLC No. 2020-1104 Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2018- 00708. Fed. Cir. November 9, 2020 Before Chief Judge Prost, with Circuit Judges Dyk and Hughes. Donner Technology, LLC (“Donner”) petitioned for inter partes review (“IPR”) challenging various […]
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September 10, 2020
Facebook, Inc., v. Windy City Innovations, LLC Nos. 2018-1400, 2018-1401, 2018-1402, 2018-1403, 2018-1537,2018-1540, 2018-1541 Opinion Issued: March 18, 2020 Opinion Modified: September 4, 2020 Before Chief Judge Prost, with Circuit Judges Plager and O’Malley. Windy City Innovations, LLC (“Windy City”) filed a complaint accusing Facebook, Inc. (“Facebook”) of infringing certain patents. Exactly one year after […]
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August 9, 2020
Alacritech, Inc. v. Intel Corporation, Cavium, LLC, Dell, Inc. Nos. 2019-1467, 2019-1468 Fed. Cir. July 31, 2020 Before Circuit Judges Moore, Chen, and Stoll. Alacritech appealed the Patent Trial and Appeal Board’s decisions holding certain claims of U.S. Patent No. 8,131,880 unpatentable as obvious. The Court held that the Board did not adequately support its […]
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July 14, 2020
Fitbit, Inc. v. Valencell, Inc. No. 2019-1048 Fed. Cir. Before Circuit Judges Newman, Dyk, and Reyna. Apple petitioned the Board for IPR of claims 1–13. The Board denied review of claims 3–5. Fitbit filed an IPR petition for claims 1, 2, and 6–13 and moved for joinder with Apple’s IPR, which the Board granted. After […]
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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 […]
