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November 22, 2018
Natural Alternatives International v. Iancu No. 2017-1962 Fed. Cir. Oct. 1, 2018 Opinion by Chief Judge Prost with Circuit Judges Moore and Reyna. Natural Alternatives International, Inc. (“NAI”) filed a chain of eight U.S. patent applications, with each claiming priority under 35 U.S.C. § 120 back to the filing date of the first application. The […]
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October 22, 2018
REGENTS OF THE UNIVERSITY OF CALIFORNIA, UNIVERSITY OF VIENNA, EMMANUELLE CHARPENTIER, Appellants v. BROAD INSTITUTE, INC., MASSACHUSETTS INSTITUTE OF TECHNOLOGY, PRESIDENT AND FELLOWS OF HARVARD COLLEGE, Appellees No. 2017-1907 Fed. Cir. Sept. 10, 2018 Opinion by Circuit Judge Moore with Chief Judge Prost and Circuit Judge Schall. This is an appeal from a decision of the […]
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August 26, 2018
ZUP, LLC v. Nash Manufacturing, Inc. No. 2017-1601 Fed. Cir. July 25, 2018 Opinion by Chief Judge Prost with Circuit Judge Lourie. Dissenting opinion filed by Circuit Judge Newman. The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed the decision of the district court invalidating claims of U.S. Patent No. 8,292,681 (“the ’681 patent”) […]
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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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June 26, 2018
D THREE ENTERPRISES, LLC, Plaintiff-Appellant v. SUNMODO CORPORATION, Defendant-Appellee 2017-1909, 2017-1910 Decided: May 21, 2018 The district court granted summary judgment in favor of appellees based on a determination that D Three could not claim priority from a provisional application filed February 9, 2009 (“2009 Application”). The priority claim was necessary to D Three’s case, […]
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May 26, 2018
Droplets, Inc., v. E*TRADE Bank Nos. 2016-2504,-2602 Fed. Cir. Apr. 19, 2018 Opinion by Judge O’Malley with Circuit Judges Dyk and Wallach. This appeal arises from a finding by the Patent Trial and Appeal Board (“the Board”) that all claims of U.S. Patent No. 8,402,115 (“the Patent”), owned by Droplets, Inc. (“Droplets”), are invalid as obvious under 35 […]
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March 26, 2018
Merck Sharp & Dohme Corp., v. Amneal Pharmaceuticals LLC No. 2017-1560 Fed. Cir. Feb. 9 2018 Opinion by Circuit Judge Stoll with Circuit Judges Taranto and Clevenger. Merck filed an infringement suit alleging that, if approved by the FDA, Amneal’s proposed Abbreviated New Drug Application (“ANDA”) product would infringe U.S.Patent No. 6,127,353. Following a bench trial, the district court […]
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February 26, 2018
ADVANCED VIDEO TECHNOLOGIES LLC, v. HTC CORPORATION, HTC AMERICA, INC., BLACKBERRY LTD, BLACKBERRY CORPORATION, MOTOROLA MOBILITY LLC, Defendants-Appellees Federal Circuit law requires that all owners of a patent must be parties to an infringement action. In this case, the Court determined that Ms. Hsuin was a co-inventor of US Patent No. 5,781,788 and that the […]
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January 26, 2018
TRAVEL SENTRY, INC., Plaintiff-Cross-Appellant v. DAVID A. TROPP, Defendant-Appellant 2016-2386, 2016-2387, 2016-2714, 2017-1025 Appeals from the United States District Court for the Eastern District of New York in Nos. 1:06-cv-06415-ENV- RLM, 1:08-cv-04446-ENV-RLM, Judge Eric N. Vitaliano. For the third time, the Court presided over this dispute regarding whether Travel Sentry, Inc. (“Travel Sentry”) and its licensees infringed […]
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December 26, 2017
PRESIDIO COMPONENTS, INC. v. AMERICAN TECHNICAL CERAMICS CORP. 2016-2607, 2016-2650 Presidio filed suit against American Technical Ceramics Corp. (“ATC”) for patent infringement. The Federal Circuit affirmed the district court’s holdings that the claims of the patent are not indefinite and that ATC is entitled to absolute intervening rights because a substantive amendment was made during […]
