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Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK Immunex Corp. v. Sandoz Inc., Appeal No. 2020-1037 (Fed. Cir. July 1, 2020) In this Biologics Price Competition and Innovation Act case, the Federal Circuit affirmed ...

Patterns of Vexatious Litigation Are a Relevant Consideration in Awarding Attorney's Fees in Patent Infringement Cases

ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC V. SHOPPERSCHOICE.COM, LLC Before PROST, DYK, and WALLACH. Appeal from the United States District Court for the Southern District of...

Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK adidas AG v. Nike, Inc., Appeal Nos. 2019-1787, -1788 (Fed. Cir. June 25, 2020) This week’s case of the week deals with issues relating to obviousness and...

COVID-19-related web applications have been popping up from the very start of the pandemic, and many, including Apple and others, have stepped up to contribute to the ... Read More »
MUNCHKIN, INC. V. LUV N’ CARE LTD Before Dyk, Taranto, and Chen.  Appeal from the Central District of California. Summary: when a litigant seeks... Read More »
CASE OF THE WEEK Amneal Pharmaceuticals LLC v. Almirall, LLC, Appeal No. 2020-1106 (Fed. Cir. June 4, 2020) In the Federal Circuit’s only precedential... Read More »
Written by: Adam Powell & Tiffany Young AMNEAL PHARMACEUTICALS LLC v. ALMIRALL, LLC Before Dyk, Lourie, and Reyna.  Appeal from the Patent Trial and... Read More »
In a recent decision, the issue before the Federal Circuit was the meaning of the term “product” in a patent term extension statute. Biogen Int'l GmbH... Read More »
As coronavirus disease 2019 (COVID-19) has quickly killed hundreds of thousands across an unprepared world, destroyed the livelihoods of millions, and cost trillions... Read More »
On May 12, 2020, the United States Patent and Trademark Office issued over 700 new design patents.  Fashion-related designs figured prominently among the new... Read More »
Gunshot detection with video analytics, gunshot detection in an indoor environment, and gunshot detection analysis during fire alarms are now exclusive patents held by ... Read More »
Until I read that another commentator wrote that the split panel decision in Illumina v. Ariosa Diagnostics, Appeal No. 2019-1419 (Fed. Cir., March 17, 2020) struck a ... Read More »
With research laboratories around the world racing to develop a coronavirus vaccine, a unique challenge has emerged: how to balance intellectual property rights with... Read More »
NPRM to Codify Existing Practices with Notable Exception The United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking today to... Read More »
MCRO, INC. v. BANDAI NAMCO GAMES AMERICA Before Reyna, Mayer and Taranto. Appeal from the United States District Court for the Central District of California. ... Read More »
ODYSSEY LOGISTICS AND TECH. v. IANCU Before Lourie, Reyna and Hughes.  Appeal from the United States District Court for the Eastern District of Virginia. ... Read More »
CASE OF THE WEEK ESIP Series 2, LLC v. Puzhen Life USA, LLC, Appeal No. 2019-1659 (Fed. Cir. May 19, 2020) In this week’s Case of the Week, the Federal... Read More »
With social media popularity comes more followers. With more followers comes opportunities to market products online. But as the wellness-company Teami discovered... Read More »
As businesses and offices prepare to reopen, the United States Patent and Trademark Office (USPTO) shows its ongoing support for innovation and entrepreneurship during ... Read More »
Before you read this post, please read or re-read my post of March 9, 2020, that summarized the panel decision in some detail. The case involves the district... Read More »
ESIP SERIES 2, LLC V. PUZHEN LIFE USA, LLC Before Reyna, Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s... Read More »
PTAB Appeals Focused on Merits The SCOTUS re-calibrated the PTAB’s appeal bar in Thryv, Inc v. Click-To-Call Techs., LP., explaining that potential... Read More »
COCHLEAR BONE ANCHORED SOLUTIONS AB V. OTICON MED. AB Before Taranto, O’Malley, and Newman.  Appeal from the Patent Trial and Appeal Board... Read More »
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