Intellectual Property News and Reports

Held: 1. Section 314(d) bars Cuozzo’s challenge to the Patent Office’s decision to institute inter partes review. Pp. 7–12. (a) The text of §314(d) expressly states that the Patent Office’s determinations whether to institute inter partes review “shall be final... Read more →

Allied Erecting and Dismantling Co., Inc. (“Allied”) appeals the United States Patent Trial and Appeal Board’s (“PTAB”) decision, on inter partes reexamination, concluding that claims 1–21 of U.S. Patent No. 7,121,489 (“the ’489 patent”) would have been obvious over German... Read more →

This is an appeal from decisions of the Patent Trial and Appeal Board in two inter partes review proceedings. At the behest of petitioner Biomarin Pharmaceutical Inc. (“Biomarin”), the Board held various claims of two patents owned by Genzyme Therapeutics... Read more →

SAS Institute, Inc. filed an inter partes review (“IPR”) petition with the Patent Trial and Appeal Board (“Board”) to review the patentability of ComplementSoft’s U.S. Patent No. 7,110,936. The Board instituted an IPR proceeding on some, but not all, of... Read more →

Plaintiff, a provider of healthcare services in New York and Pennsylvania, and Defendant, a provider of digital health-related content nationwide, both appeal from the judgment of the United States District Court for the Southern District of New York (Forrest, J.),... Read more →

Defendant Vimeo, LLC, an Internet service provider, brings this interlocutory appeal on certified questions from the rulings of the United States District Court for the Southern District of New York (Abrams, J.), and Plaintiffs, who are owners of copyrights in... Read more →

Held: 1. When deciding whether to award attorney’s fees under §505, a district court should give substantial weight to the objective reasonableness of the losing party’s position, while still taking into account all other circumstances relevant to granting fees. Pp.... Read more →

Following the district court’s claim construction order, Indacon, Inc. and Facebook, Inc. stipulated to noninfringement, and the district court entered final judgment in favor of Facebook. Indacon appeals, disputing the district court’s construction of several claim terms. Because the district... Read more →

This case returns to this court on vacatur and remand from the Supreme Court, “for further consideration in light of Commil USA, LLC v. Cisco Systems, Inc., [135 S. Ct. 1920 (2015)].” Medtronic Sofamor Danek USA, Inc. v. NuVasive, Inc.,... Read more →

The panel affirmed the district court’s summary judgment in favor of the defendants and vacated an award of attorney’s fees on a claim that in the Madonna song Vogue, a modified version of a horn segment allegedly copied from a... Read more →