Fed Circuit Watch: Plain Claim Language Not Narrowed Unless Patentee Explicitly Disclaims Scope
An interesting study in organic chemistry appeared at the Federal Circuit. On April 16, 2018, a Fed Circuit panel in Sumitomo Dainippon Pharma Co., Ltd. v. Emcure Pharm. Ltd., held that plain claim...
WesternGeco Damages Case Before SCOTUS in Doubt After Fed Circuit Ruling
A recently-issued decision from the Court of Appeals for the Federal Circuit may have implications on a pending case before the U.S. Supreme Court. That case, WesternGeco LLC v. ION Geophysical...
SCOTUS Watch: Tech & Privacy Collision Avoided When Microsoft Email Server Case Dismissed as Moot
Normally, this blog is devoted to intellectual property issues specific to technology, much of which is case law analysis primarily in the areas of patent, trademark, and copyright laws. However, as...
Fed Circuit Watch: Personalized Medicine Method Claim Passes Alice Test for Subject Matter Eligibility
This case, Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd., arrived to the appeals court through an unusual, but not uncommon, route: a 35 U.S.C. §271(e)(4)(A) infringement...
Fed Circuit Watch: Knowles Déjà Vu as PTAB Not (Necessarily) Bound to Prior Court Claim Construction
In a case of déjà vu, the Court of Appeals for the Federal Circuit handed down Knowles Electronics LLC v. Iancu, on April 6, 2018. This case bears striking resemblance to an earlier-issued case this...
Fed Circuit Watch: Google Use of Java APIs Not Fair Use
One of the most important copyright cases was recently decided by the Court of Appeals for the Federal Circuit, addressing Google’s use of Java code owned by Oracle. On March 27, 2018, in Oracle...
Fed Circuit Watch: No Overlap Required for Prima Facie Obviousness Between Claimed & Prior Art Ranges
On March 27, 2018, the Court of Appeals for the Federal Circuit ruled in In re Brandt, which is just another case in a long line of cases dealing with ranges and obviousness under 35 U.S.C. §103....
CannabIP: U.S. Patent No. 9,889,100 B2
U.S. Patent No. 9,889,100 B2 issued on February 13, 2018, for “Cannabidiol for Treatment of Severe and Refractory Graft-Versus-Host Disease.” The inventor is Moshe Yeshurun, and the...
9th Circuit Serves Up Blurred Lines of Copyright Protection for Musical Works
On March 21, 2018, the Court of Appeals for the Ninth Circuit ruled in a split decision in Williams v. Gaye, that the Estate of Marvin Gaye was entitled to broad copyright protection over Gaye’s 1977...
Fed Circuit Watch: Common Sense Cannot Replace Evidentiary Support
On March 23, 2018, the Court of Appeals for the Federal Circuit handed down DSS Techs. Mgmt., Inc. v. Apple Inc., reversing two IPR decisions in Apple’s favor on a DSS-owned patent which the PTAB...
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