On June 19, 2018, the Court of Appeals for the Federal Circuit issued Sirona Dental Systs. GmbH v. Institut Straumann AG.[1] The case is important because two other recent court decisions – SAS and Aqua Products – affected certain details of this case that ultimately affected how the Fed Circuit ruled. In SAS, the U.S. …
Category: fed circuit watch
opinions by ct appeals for federal circuit (patent, trademark, some copyright)
Fed Circuit Watch: TTAB Fails Genericness Test
In a rare review of a Trademark Trial and Appeal Board (TTAB) case, the Court of Appeals for the Federal Circuit vacated and remanded the decision in Royal Crown Co., Inc. v. The Coca-Cola Co.,[1] involving the doctrine of trademark genericism. The Fed Circuit panel found fault with the TTAB’s analysis of the test for …
Fed Circuit Watch: All Claims and Grounds Must Be Addressed Post-SAS
On July 2, 2018, the Court of Appeals for the Federal Circuit issued a mandate in Adidas AG v. Nike, Inc., in yet another post-SAS determination. Before a panel composed of Judges Moore, Wallach, and Taranto, issued the order remanding the case back to the PTAB to address all claims and grounds originally raised in …
Fed Circuit Watch: Every Limitation Required for Infringement-by-Manufacture
In FastShip, LLC v. United States,[1] the patented Littoral Combat Ship (LCS) was allegedly infringed. This case is interesting, in part because the defendant was the U.S. Government, and it is a patent infringement suit which arrived to the Court of Appeals for the Federal Circuit by way of the Court of Federal Claims (CFC). …
Fed Circuit Watch: No Challenge to Partial Institution Raises No SAS Issue
On June 7, 2018, the Court of Appeals for Federal Circuit handed down PGS Geophysical AS v. Iancu,[1] which has a tangential relationship to the WesternGeco LLC, of the recent WesternGeco LLC v. ION Geophysical Corp. [2] recently decided by the U.S. Supreme Court. This case is one of several transition cases pending with the …
Fed Circuit Watch: PTAB Invalidity Collaterally Estops Assertion of Those Claims in Later Appellate Case
The Court of Appeals for the Federal Circuit waded into a convoluted case involving patents directed to X-Y chromosome sorting techniques for selective breeding in livestock. This case is XY, LLC v. Trans Ova Genetics, L.C.,[1] and the opinion was issued on May 23, 2018. Topically, the case deals with breach of contract, antitrust, and …
Fed Circuit Watch: Walker Process Case Denied En Banc Review
On June 15, 2018, an expanded panel of the Court of Appeals for the Federal Circuit denied petitions for rehearing and rehearing en banc in a per curiam order. This case is Xitronix Corp. v. KLA-Tencor Corp.,[1] and the enlarged panel was composed of Chief Judge Prost, and Judges Newman, Lourie, Mayer, Dyk, Moore, O’Malley, …
SCOTUS Watch: Challenge to Secret AIA On-Sale Bar as Helsinn Granted Certiorari
On June 25, 2018, the United States Supreme Court granted the petition for writ of certiorari requested by Helsinn Healthcare S.A. In the appellate case which had been winding its way through the federal courts, Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.,[1] the Court of Appeals for the Federal Circuit ruled against Helsinn in …
USPTO Issues Two Exam Memos In Light of Vanda and Berkheimer
Two recent examination guidance memoranda issued by the USPTO to assist patent examiners in examination procedures highlight the importance of two recent Fed Circuit cases: Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd.[1] and Berkheimer v. HP Inc.[2] The Berkheimer memo issued on April 19, 2018, and the Vanda memo issued on June 7, 2018. …
Fed Circuit Watch: En Banc Denied in Berkheimer and Aatrix
On May 31, 2018, the Court of Appeals for the Federal Circuit issued two per curiam orders denying petitions for en banc review. Berkheimer v. HP Inc.,[1] and Aatrix Software, Inc. v. Green Shades Software, Inc.,[2] were decided by a smaller Fed Circuit panels earlier in the year. Both per curiam orders were heard before …