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In Re Rudy

Christopher Rudy appeals from a decision of the Patent Trial and Appeal Board (“Board”) affirming the rejection of claims 34, 35, 37, 38, 40, and 45–49 of United States Patent Application No. 07/425,360 (“the ’360 application”) as ineligible for patenting... Read more →

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Thryv, Inc. v. Click-To-Call Technologies, LP

Inter partes review is an administrative process that permits a patent challenger to ask the U. S. Patent and Trademark Office to reconsider the validity of earlier granted patent claims. For inter partes review to proceed, the agency must agree... Read more →

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Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corp.

On February 3, 2017, Apotex Inc. and Apotex Corp. (collectively, Apotex) filed a petition for inter partes review of Novartis Pharmaceuticals Corporation’s U.S. Patent No. 9,187,405. The Board instituted proceedings on July 18, 2017, and granted Sun Pharmaceutical Industries, Ltd.,... Read more →

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Romag Fasteners, Inc. v. Fossil Group, Inc.

A plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to a profits award. The Lanham Act provision governing remedies for trademark violations, §1117(a), makes a showing... Read more →

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Hologic, Inc. v. Minerva Surgical, Inc.

These appeals require us to grapple with the doctrine of assignor estoppel, an equitable doctrine that prevents a party who assigned a patent to another from later challenging the validity of the assigned patent in district court. There are two... Read more →

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Dragon Intellectual Property LLC v. DISH Network LLC

DISH Network LLC and Sirius XM Radio Inc. (SXM) (collectively, Appellants) appeal the United States District Court for the District of Delaware’s order denying Appellants’ motions for attorneys’ fees under 35 U.S.C. § 285. Because the district court erred in... Read more →

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Biogen International GmbH v. Banner Life Sciences, LLC

Biogen International GmbH (“Biogen”) appeals from a judgment of the United States District Court for the District of Delaware that Banner Life Sciences LLC (“Banner”) does not infringe the extended portion of U.S. Patent 7,619,001 (the “’001 patent”), extended under... Read more →

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Spigen Korea Co., Ltd. v. Ultraproof, Inc.

Spigen Korea Co., Ltd., appeals the decision of the United States District Court for the Central District of California granting summary judgment of invalidity of three asserted design patents. Ultraproof, Inc., cross-appeals the district court’s denial of its motion for... Read more →

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CardioNet, LLC v. InfoBionic, Inc.

CardioNet, LLC and Braemar Manufacturing, LLC (collectively, “CardioNet”) appeal the district court’s dismissal of their patent infringement complaint against InfoBionic, Inc. The district court held that the asserted claims of CardioNet’s U.S. Patent No. 7,941,207 are ineligible under 35 U.S.C.... Read more →

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O.F. Mossberg & Sons, Inc. v. Timney Triggers, LLC

This is an attorney’s fees case involving a voluntary dismissal without prejudice under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Appellee O.F. Mossberg & Sons, Inc. sued appellants Timney Triggers, LLC and Timney Manufacturing, Inc. (collectively, Timney) for... Read more →

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