October 21, 2019

Curver Luxembourt, SARL, Plaintiff-Appellant

 v.

Home Expressions, Inc., Defendant-Appellee

2018-2214

Decided: September 12, 2019

Case Summary by Frederick Hadidi

35 USC §171 says that a design patent covers an ornamental design for an “article of manufacture.” The patent it...

September 23, 2019

The key issue presented in this case (MyMail v. ooVoo et al.) is whether a District Court must always resolve claim construction disputes before ruling on a patent eligibility challenge raised in a Rule 12(c) motion. A split panel of the Federal Circuit held that it mu...

August 23, 2019

 Automotive Body Parts Association, Plaintiff-Appellant
v.
Ford Global Technologies, LLC, Defendant-Appellee

2018-1613

Decided: July 11, 2019

Case Summary

Are design patents that cover auto body parts “aesthetically functional” and therefore invalid? 35 USC §171(a) says th...

July 2, 2019

Swagway, LLC v. International Trade Commission
2018-1672
Decided: May 9, 2019

Case Summary

To establish infringement, the owner of a trademark must prove that

consumers are likely to confuse its own mark with an alleged infringer’s

mark. And to determine whether a likeliho...

May 7, 2019

Endo Pharmaceuticals Inc., et al. v. Teva Pharmaceuticals USA, Inc., et al.

2017-1240, 2017-1455, 2017-1887

Decided: March 28, 2019

Case Summary

In addition to removing waste products from the blood, kidneys also filter out drugs and their metabolites. When kidney function...

March 22, 2019

University of Florida Research Foundation, Inc. v. General Electric Company, et al.

2018-1284

Decided: February 26, 2019

Case Summary

§282(b) explains that the defenses available in a patent infringement litigation include the “condition[s] for patentability;” 35 U.S.C. §§...

March 22, 2019

Supernus Pharmaceuticals, Inc., et al. v. Andrei Iancu, et al.

2017-1357

Decided: January 23, 2019

Case Summary

35 USC §154(b) explains that a patent’s term may be increased to compensate for the PTO’s prosecution delays; this is known as a patent term adjustment (PTA). Th...

January 23, 2019

Spineology, Inc. v. Wright Medical Technology, Inc.

2018-1276

Decided: December 14, 2018

Case Summary

After a defendant wins on summary judgment, must the trial court continue to litigate damages and other undecided issues to determine if the plaintiff must pay its opponen...

January 23, 2019

Converse, Inc. v. International Trade Commission, et al.

2016-2497

Decided: October 30, 2018

Case Summary

Converse is a shoe company that began selling its Chuck Taylor All-Star shoes in 1932. This case concerns Converse's trademark/trade dress rights on the midsole design...

January 23, 2019

GoPro, Inc. v. Contour IP Holding LLC

2017-1894, 2017-1936

Decided: November 1, 2018 (modifying the July 27, 2018 opinion)

Case Summary

More than thirty years ago, the Federal Circuit explained that even relatively obscure documents may qualify as prior art under §102 so l...

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