Xitronix Corp. v. KLA-Tencor Corp.

The substantive issue in this appeal is whether a jury should hear Xitronix Corporation’s claim that KLA-Tencor Corporation violated the Sherman Act’s prohibition of monopolies by obtaining a patent through a fraud on the U.S. Patent and Trademark Office (“PTO”).... Read more →

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ABS Global, Inc. v. Inguran, LLC

This case is about the birds and the bees—in particular, about human efforts to control the reproductive outcomes otherwise determined by Mother Nature. Our specific interest is the cattle industry. People have been raising cattle since the early Neolithic Age,... Read more →

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Helsinn Healthcare S. A. v. Teva Pharmaceuticals USA, Inc.

Held: A commercial sale to a third party who is required to keep the invention confidential may place the invention “on sale” under §102(a). The patent statute in force immediately before the AIA included an on-sale bar. This Court’s precedent... Read more →

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RPD Holdings, LLC v. Tech Pharmacy Services

RPD Holdings, L.L.C. claims that it purchased a patent license from multiple debtors in bankruptcy sales of their estates. Tech Pharmacy Services argues that RPD does not have rights under the license to Tech Pharm’s patented invention. Concluding that the... Read more →

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Soarus L.L.C. v. Bolson Materials International Corp.

This appeal turns on the construction under Illinois law of provisions in a nondisclosure agreement. The dispute arises out of Bolson Materials International Corporation’s inclusion in a patent application of particular information Soarus, L.L.C. believed was protected from disclosure by... Read more →

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United Food & Commercial Workers Unions & Employers Midwest Health Benefits Fund v. Novartis Pharmaceuticals Corp.

In these consolidated appeals from orders dismissing two putative antitrust class actions, purchasers of a brand-name, prescription drug allege that the drug maker unlawfully delayed the entry of generic versions of the drug into the United States market. Specifically, the... Read more →

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American Society for Testing v. Public.Resource.Org, Inc.

Across a diverse array of commercial and industrial endeavors, from paving roads to building the Internet of Things, private organizations have developed written standards to resolve technical problems, ensure compatibility across products, and promote public safety. These technical works, which... Read more →

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Puritan Medical Products Co. v. Copan Italia S.p.A.

Maine Supreme Court decision under Maine’s Actions for Bad Faith Assertion of Patent Infringement statute, Me. Rev. Stat. 14, 8701-8702. Puritan Medical Products Company LLC appeals from a summary judgment entered in the Business and Consumer Docket (Mulhern, J.) in... Read more →

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WesternGeco LLC v. ION Geophysical Corp., 585 U.S. __ (2018)

WesternGeco’s award for lost profits was a permissible domestic application of §284 of the Patent Act. Pp. 4–10. (a) The presumption against extraterritoriality assumes that federal statutes “apply only within the territorial jurisdiction of the United States.” Foley Bros., Inc.... Read more →

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Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc.

Appellant Altaire Pharmaceuticals, Inc. (“Altaire”) sought post-grant review of claims 1–13 (“the Asserted Claims”) of Appellee Paragon Bioteck, Inc.’s (“Paragon”) U.S. Patent No. 8,859,623 (“the ’623 patent”). The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”) issued... Read more →

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