Snippets Not Fair Use According to Second Circuit
In another fairly big copyright decision by a federal court of appeals, another seeming technological innovation in the digital space was viewed as copyright infringement. The Court of Appeals for...
Fed Circuit Watch: PTAB Obligated to Follow Own Rules
On March 19, 2018, the Court of Appeals for Federal Circuit handed down Dell Inc. v. Acceleron, LLC (and an erratum) In this case, the panel, composed of Judges Moore, Reyna, and Taranto, ruled that...
Fed Circuit Watch: Unreasonably Broad PTAB Claim Construction Reversed
On March 19, 2018, the Court of Appeals for the Federal Circuit rejected, in In re Power Integrations, Inc., a PTAB decision finding that claims were invalidated as anticipated as unreasonably...
Fed Circuit Watch: Written Description From Earlier-Filed PCT with Species Claim Sufficient Support for Later-Filed Genus Claim
On March 14, 2018, the Court of Appeals for the Federal Circuit ruled on Hologic, Inc. v. Smith & Nephew, Inc., which deals with many areas in patents, including foreign applications, priority...
CannabIP: U.S. Patent No. 9,895,342 B2
U.S. Patent No. 9,895,342 B2 issued on February 20, 2018, for “Cannabinoids for Use in the Treatment of Neuropathic Pain.” It is assigned to GW Pharma Ltd., which is a fairly large pharmaceutical...
Fed Circuit Watch: Well-Prepared Lexicography Dooms Claim Term as Obvious
This, unfortunately, was a bad week for Steuben Foods, Inc., since this is the second case it lost at the Federal Circuit against the same adversary, Nestlé Foods. This time, in Nestle USA, Inc. v....
Fed Circuit Watch: Claim Construction in Earlier IPR Bars Review of Same Term in Later IPR
Steuben Foods, Inc. did not have a good week at the Federal Circuit. On March 13, 2018, two decisions were rendered against it in two patent cases, although for different rationales. The first,...
Fed Circuit Watch: Patent Troll Thwarts Google’s Assertion of Claim Preclusion
On March 12, 2018, the Court of Appeals for the Federal Circuit delivered a ruling that will stymie Google’s efforts to shake off a pesky serial patent litigator deemed a “patent troll” by the tech...
Fed Circuit Watch: PTAB Not Bound by Fed Circuit Precedent
On March 1, 2018, in a fairly convoluted and highly fractured decision, the Court of Appeals for the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) was not bound to collateral...
CannabIP: U.S. Patent No. 9,895,404 B1
U.S. Patent No. 9,895,404 B1 issued on February 20, 2018, for “Cannabidiol Extraction Plant and Processes,” to Paul T. Baskis. Source: U.S. Patent No. 9,895,404 B1, “Cannabidiol Extraction Plant and...
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