News and Analysis
Innovation, Technology, and IP News
Limiting Terms in Preamble May Render Entire Preamble Limiting
BIO-RAD LABORATORIES, INC. v. 10X GENOMICS INC. Before Newman, O’Malley, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary...
Claims Covering Human Engineering That Exploits a Naturally-Occurring Phenomenon Are Patent Eligible
ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC. Before Lourie, Moore, and Reyna. Modified opinion following Ariosa rehearing petition. Summary: The Federal Circuit modified its earlier...
PTAB Trial Fees Increase 25% in October
AIA Trial Fees Increasing + New Pro Hac Fee The United States Patent and Trademark Office (USPTO) is increasing Patent and Patent Trial and Appeal Board (PTAB) fees for a second time...
The Definition of “Half-Liquid” Is Only Half Baked
IBSA INSTITUT BIOCHIMIQUE, S.A. V. TEVA PHARMACEUTICALS USA, INC. Before Prost, Reyna, and Hughes. Appeal from the District Court of Delaware Summary: A term may be indefinite...
Fresh From the Bench: Latest Federal Circuit Court Case
CASE OF THE WEEK American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, Appeal No. 2018-1763 (Fed. Cir. July 31, 2020) In this week’s Case of the Week, the Federal...
BIO-RAD LABORATORIES, INC. v. 10X GENOMICS INC.
Before Newman, O’Malley, and Taranto. Appeal from the United States District Court for the District of ... Read More »
FASTSHIP, LLC v. US
Before Dyk, Wallach, and Chen. Appeal from the United States Court of Federal Claims.
Summary: A Court of Claims fee award... Read More »
ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC.
Before Lourie, Moore, and Reyna. Modified opinion following Ariosa rehearing petition.
Summary: The Federal Circuit ... Read More »
AMERICAN AXLE & MANUFACTURING v. NEAPCO HOLDINGS LLC
Before Dyk, Moore, and Taranto. Appeal from the District Court for the District of Delaware... Read More »
AIA Trial Fees Increasing + New Pro Hac Fee
The United States Patent and Trademark Office (USPTO) is increasing Patent and Patent Trial and Appeal Board (PTAB)... Read More »
ALACRITECH, INC. V. INTEL CORP., CAVIUM, LLC, DELL, INC.
Before Stoll, Chen, and Moore. Appeal from the Patent Trial and Appeal Board.
Summary: The... Read More »
XY, LLC v. TRANS OVA GENETICS, LC
Before Wallach, Plager, and Stoll. Appeal from the United States District Court for the District of Colorado.
Summary: ... Read More »
IBSA INSTITUT BIOCHIMIQUE, S.A. V. TEVA PHARMACEUTICALS USA, INC.
Before Prost, Reyna, and Hughes. Appeal from the District Court of Delaware
Summary: A ... Read More »
TAKEDA PHARMACEUTICALS U.S.A., INC. V. MYLAN PHARMACEUTICALS INC.
Before Prost, Newman, and Hughes. Appeal from the United States District Court for the District... Read More »
CASE OF THE WEEK
American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, Appeal No. 2018-1763 (Fed. Cir. July 31, 2020)
In this week’s Case of... Read More »
Generally, personal data may not be transferred to countries outside of the European Economic Area (“EEA”) under the EU General Data Protection Regulation ... Read More »
CAFC Refuses Remand on 112 6th Deficiencies
When challenging claims at the Patent Trial & Appeal Board (PTAB), Rule 42.104(b)(3) requires a Petitioner to... Read More »
FANDUEL, INC. v. INTERACTIVE GAMES LLC
Before Dyk, Moore, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: The Board does not violate ... Read More »
AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC
Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board
Summary: Standing to ... Read More »
A brand owner discloses almost every week that a security or data breach has occurred. For privacy, operations, and trademark professionals alike, the ramifications... Read More »
CASE OF THE WEEK
Uniloc 2017 LLC v. Hulu, LLC, Appeal No. 2019-1686 (Fed. Cir. July 22, 2020)
In this appeal, the Federal Circuit held for the first time that ... Read More »
Gensetix, Inc. v. Baylor College of Medicine
Before Newman, O’Malley, and Taranto. Appeal from the U.S. District Court for the Southern District of Texas.
... Read More »
Delaware Cases Slipping 4-6 Months
The practice of denying AIA trial petitions in view of competing district court trial dates has brought some negative attention ... Read More »
UNILOC 2017 LLC v. HULU, LLC
Before O’Malley, Wallach, and Taranto. O’Malley dissenting. Appeal from the Patent Trial and Appeal Board.
... Read More »
The first half of 2020 is over and so far this year has been very challenging for all sectors of the economy. The legal sector has not been very different. Some law... Read More »
