Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged obviousness · clear
Written by : Jeremiah S. Helm, Ph.D. and Logan P. Young SHOCKWAVE MED., INC., V. CARDIOVASCULAR SYS., INC. Before Lourie , Dyk, and Cunningham. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2019-00405.…
Written by : Justin J. Gillett and Alex Martin del Campo JANSSEN PHARMACEUTICALS, INC. v. TEVA PHARMACEUTICALS USA, INC. Before Prost, Reyna, and Taranto . Appeal from the United States District Court for the District of New Jersey. Summary : The Federal…
Written by : Rhett D. Ramsey & Daniel Kiang JANSSEN PHARMACEUTICALS, INC. v. TEVA PHARMACEUTICALS USA, INC. Before Prost , Dyk, and Hughes. Appeal from the United States District Court for the District of New Jersey. Summary : District court erred by…
Written by : Rhett D. Ramsey & Jacob R. Rosenbaum Elekta Limited v. Zap Surgical Systems, Inc. Before: Reyna , Stoll, and Stark. Appeal from the Patent Trial and Appeal Board. Summary : Patentee’s failure during prosecution to distinguish relevant…
MEDTRONIC, INC. v. TELEFLEX INNOVATIONS Before Moore , Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary : A close prima facie case of obviousness can be overcome by strong evidence of objective indicia of non-obviousness. Medtronic…
Written by : Matthew S. Whitehead & Douglas B. Wentzel UCB, INC. v. ACTAVIS LABORATORIES UT, INC. Before Moore, Chen, and Stoll . Appeal from the U.S. District Court for the District of Delaware. Summary : District court legally erred by applying incorrect…
Written by : Jeremiah S. Helm, Ph.D. & Rhett D. Ramsey In Re Google LLC Before: Moore , Lourie, and Prost. Appeal from the Patent Trial and Appeal Board. Summary : The PTO’s arguments on appeal did not reflect the record below. Google filed an…
MYLAN PHARMACEUTICALS INC. v. MERCK SHARP & DOHME CORP. Before Lourie, Reyna and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: “At once envisage” what is missing cannot fill in the gap to establish anticipation when the class…
PROVISUR TECHNOLOGIES, INC. v. WEBER, INC. Before Prost, Reyna, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB has an obligation to ensure that its logic is reasonably discernible from the record. Weber petitioned for inter…
LG ELECTRONICS INC. v. IMMERVISION INC. Before Stoll , Cunningham, and Newman, Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary : Where a reference contains an “obvious” error in a disclosure,…
ALMIRALL, LLC v. AMNEAL PHARMACEUTICALS LLC Before Lourie, Chen, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: Presumption of obviousness based on overlapping ranges applied where a prior-art reference disclosed an element in the…
HOYT AUGUSTUS FLEMING V. CIRRUS DESIGN CORPORATION Before Lourie, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A claim is obvious where “the proposed combination of [the references]—rather than one of the…
