Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged standing · clear
UNILOC USA, INC. v. MOTOROLA MOBILITY LLC Before Lourie, Dyk , and Hughes. Appeal from U.S. District Court for the District of Delaware. Summary: Failure to vacate an adverse ruling regarding a lack of standing when settling a prior suit collaterally…
MITEK SYS., INC. V. UNITED SERVS. AUTO. ASS’N Before Dyk, Taranto, and Cunningham. Appeal from the U.S. District Court for the Eastern District of Texas. Summary: Declaratory judgment plaintiffs must identify particular facts supporting standing and…
MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION Before Lourie, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Sublicensee’s theory of royalty-based injury was too speculative to support standing on appeal. Later…
MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION Before Lourie, O’Malley and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A presumption of obviousness based on overlapping ranges requires showing that the overlapping range is…
APPLE, INC. v. QUALCOMM, INC. Before Newman, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Apple lacked standing to appeal an IPR decision upholding patents that Apple licenses from Qualcomm, in light of a prior decision with…
APPLE, INC. v. QUALCOMM, INC. Before Moore, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Apple lacked standing to appeal an IPR decision upholding patents it licenses from Qualcomm, despite Apple’s royalty payments for a…
AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board Summary: Standing to Challenge A Registered Mark at the TTAB Does Not Depend on the Challenger’s Proprietary Right to…
ADIDAS AG v. NIKE, INC. Before Moore, Taranto, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: A patent challenger can establish standing to appeal a final written decision in an IPR by showing that its past, present, or anticipated…
Written by : Jeremiah S. Helm, Ph.D. & Mark Kachner GRIT ENERGY SOLUTIONS, LLC v. OREN TECHNOLOGIES, LLC Before Prost, Newman, Wallach. On appeal from The Patent Trial and Appeal Board. Summary: IPR petitioner has standing to appeal an adverse Board…
ARGENTUM PHARM. LLC v. NOVARTIS PHARM. CORP. Before Lourie, Moore, and Reyna. Appeal from the U.S. Patent and Trademark Office, Patent Trial and Appeal Board. Summary: A party lacks standing to appeal an adverse IPR decision if it cannot show an injury…
Federal Circuit Summary Before Newman , Dyk, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : An injury-in-fact is required to establish Article III standing for judicial review of agency action, even if a statute permits such review.…
Federal Circuit Summary Before Lourie , Bryson, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : A party joined to an inter partes review has the right to appeal the Board’s final written decision even if the initial petitioner…
