Patexia Chart 60: Patent Litigation Continues its Downward Trend in Q1 of 2019
First quarter of 2019 is behind us and patent litigation continues its downward trend, which was started back in 2015. In the first quarter of 2019, total of 825 patent cases were filed in different...
View ArticlePTAB Collateral Estoppel as Summary Judgment Tool
Unchallenged Claim Falls on Summary Judgement Back in 2016, I flagged a few district court decisions that leveraged Patent Trial & Appeal Board (PTAB) fact-finding on summary determination. These...
View ArticleIN RE: SINY CORP.
Before Prost, Lourie and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: In evaluating whether a webpage printout is an acceptable specimen of use for a trademark in connection with...
View ArticleATI TECHNOLOGIES ULC v. IANCU
Before Newman, O’Malley, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: Diligence requires “reasonably continuous diligence” and is not negated if the inventor works on...
View ArticleSenate Provides Directives to USPTO to Attack Serial PTAB Filings
Director Encouraged to Do What He is Already Doing? At several bar events over the past few weeks, the Director has made clear that the agency is “looking into” ways to address certain serial...
View ArticleAthena’s Petition for Rehearing En Banc – Not All Diagnostic Claims are Equal...
In my last post on s. 101, discussing “Cleveland Clinic II” I asked, “Why can’t a diagnostic conclusion be a practical application of a natural law?” and rhetorically answered: “Because the Federal...
View ArticleDesign Patent Rejections - Update
Foreword: To date, the BigPatentData Blog has given little no attention to design patents. This is because I barely know the difference between a design patent and a trademark. My good friend Dunstan...
View ArticleLG willfully infringed patent covering “Plug & Play” standard in televisions
A New Jersey jury awarded Mondis $45 million in patent damages, based on LG’s sales of infringing televisions that support the “Plug & Play” standard. The “Plug & Play” standard was...
View ArticleCongress Poised to Align Courts with USPTO on 101 Reform
Senate/House Outline Follows USPTO’s Top-Down Approach The USPTO released Revised Guidance on Patent Eligibility Under 35 U.S.C. § 101 back in January. The Guidelines simplified the case law by...
View ArticleE.I. DU PONT DE NEMOURS & COMPANY V. UNIFRAX I LLC
Before: O'Malley, Reyna, and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: A parent patent specification of a continuation-in-part child patent...
View ArticleTRADING TECHNOLOGIES INT’L, INC. V. IBG LLC
Before Moore, Mayer, and Linn. Appeal from the Patent and Trial Appeal Board. Summary: A graphical user interface that allows users to place orders for items (such as shares of stock) by moving icons...
View ArticleShutting Down the PTAB with Forum Selection Clauses
CAFC Upholds Injunction to Shut Down PTAB The AIA statutes provide that a person who is not the owner of a patent, can challenge the patent at the Patent Trial & Appeal Board (PTAB). Pursuant to...
View ArticleVERSATOP SUPPORT SYSTEMS v. GEORGIA EXPO, INC.
Before Newman, Linn, and Dyk. Appeal from the United States District Court for the District of Oregon. Summary: The Trademark Act’s definition of “use in commerce” as a requirement for obtaining a...
View ArticleCourt Doubles Damages Award Against Briggs and Stratton for Willful Infringement
A Nebraska court upheld a jury’s reasonable royalty award of more than $14 million for infringement of Exmark’s patent relating to lawnmower baffles. An appellate court had vacated a previous jury...
View ArticleMisleading Ads are Not a Jeweler’s Best Friend: The FTC’s Crackdown on...
It’s been 70 years since Carol Channing first sang “Diamonds Are a Girl’s Best Friend” on Broadway, with Marilyn Monroe singing the more famous rendition four...
View ArticlePatexia Chart 61: US Regions with Growing IP Practice and Their Challenges
Three years ago, we started publishing the Patexia Chart Series with our first article about the Shortage of Patent Attorneys in the U.S. A lot has changed since then. In June of 2016, we reported a...
View ArticlePTAB Amendment Alternatives: Patent Reissue & Reexamination
Federal Register Notice Advertises Alternative PTAB Amendment Options Last Friday the USPTO published a notice in the Federal Register entitled: Notice Regarding Options for Amendments by Patent Owner...
View ArticleWhich Supreme Will Reign Supreme: "Legal Counterfeits" in China
Supreme, the popular New York-based American streetwear brand, known by its iconic logo, was created by founder/CEO James Jebbia. Despite its highly successful brand recognition, the company (which...
View ArticlePTAB Pushes Back on Redundant Filings of Same Petitioner
Simultaneous/Redundant Petitions Attacking Same Claims Questioned The Patent Trial & Appeal Board’s (PTAB) new focus on institution equities of serial petition challenges was the most significant...
View ArticleNEPTUNE GENERICS, LLC, FRESENIUS KABI USA, LLC v. ELI LILLY & CO.
Before Moore, Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board Summary: Industry skepticism is a question of fact that weighs in favor of non-obviousness and can range on a scale,...
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