Intellectual Property News and Reports

Dionex Softron GmbH (“Dionex”) appeals the Patent Trial and Appeal Board’s (“Board”) judgment in an interference proceeding, awarding priority to Agilent Technologies, Inc. (“Agilent”). The parties dispute priority, claim construction, written description support, conception, and reduction to practice. We affirm.... Read more →

Modern Font Applications LLC seeks an interlocutory appeal to challenge an order of the United States District Court for the District of Utah, which affirmed a magistrate judge’s decision deeming MFA’s in-house counsel a “competitive decisionmaker” and maintaining Alaska Airlines,... Read more →

Genentech, Inc. and InterMune, Inc. (collectively, “Genentech”) appeal from a decision of the United States District Court for the District of Delaware holding that: (1) the claims of its Liver Function Test (“LFT”) patents1 are unpatentable as obvious, (2) sale... Read more →

Avery Dennison Corporation appeals the United States District Court for the District of Oregon’s grant of summary judgment that claim 1 of U.S. Patent No. 9,798,967 is directed to eligible subject matter under 35 U.S.C § 101 and is valid... Read more →

Google LLC (Google) appeals from an inter partes review final written decision in which the Patent Trial and Appeal Board held that Google failed to prove claims 14–19 of U.S. Patent No. 10,270,816 would have been obvious. For the following... Read more →

Appellant Treehouse Avatar LLC appeals the grant of a motion to strike portions of an infringement expert report by the U.S. District Court for the Western District of Washington. Appellant also appeals the court’s grant of summary judgment of noninfringement.... Read more →

CUPP Computing AS (“CUPP”) appeals three inter partes review (“IPR”) decisions of the Patent Trial and Appeal Board (“Board”) concluding that petitioner Trend Micro Inc. had shown challenged claims in CUPP’s U.S. Patents Nos. 8,631,488 (“’488 patent”), 9,106,683 (“’683 patent”),... Read more →

Appellee Intel Corporation filed three petitions for inter partes review (“IPR”) of U.S. Patent No. 7,247,552 (“the ’552 patent”), which is owned by appellant VLSI Technology LLC. The Patent Trial and Appeal Board instituted the IPR proceedings, and in a... Read more →

American National Manufacturing Inc. and Sleep Number Corp. each appeals the Patent Trial and Appeal Board’s final written decisions in two inter partes reviews. The Board issued mixed decisions in those proceedings, determining that some, but not all, of the... Read more →

For these reasons, we conclude that the district court clearly abused its discretion in issuing its scheduling order. We do not decide in this case (which does not present the issue) whether and the extent to which merits discovery may... Read more →