SocietyPosts filtered by tags: Dyk[x]
Agency Action and Issue PreclusionFebruary 22, 2021 at 1:55 PM SynQor, Inc. v. Vicor Corp. (Fed. Cir. 2021)
In a split-decision, the majority has sided with the patentee and vacated a PTAB inter partes reexamination decision cancelling the claims of SynQor’s U.S. Patent No. 7,072,190. Judge Hughes wrote the majority decision that was joined by Judge Clevenger focusing on the procedural issues of collateral estoppel and mootness. Judge Dyk wrote in dissent — arguing that reexamination decisions do not create issue preclusion — they are “examination” and “i...Tags: Supreme Court, Law, AIA, Patent, Hughes, Greene, Federal Circuit, Cromwell, Clevenger, Dyk, Hargis Industries Inc, PTAB, Munsingwear, Hardware Inc, Hargis Indus Inc, Camreta 25 people like this. Like Is this an improved system, or mere automation?January 25, 2021 at 1:18 PM  Tags: Law, Patent, O'Malley, Federal Circuit, Dennis Crouch, Dyk, Schall, Federal Circuit Decision, EcoServices, Certified Aviation the Federal Circuit, En Banc Petition Opposition, En Banc Petition Question 84 people like this. Like Certiorari granted in ArthrexOctober 13, 2020 at 10:03 AM  Tags: Supreme Court, Law, Congress, Senate, Court, Patent, Moore, Hughes, Chen, O'Malley, U S Patent and Trademark Office, Reyna, Federal Circuit, Stoll, Prost, IPR 66 people like this. Like AntiBody Fragment: A Description of the Federal Circuit?September 7, 2020 at 9:44 PM  Tags: Law, Patent, Baxalta, Genentech, Baxalta Inc, Federal Circuit, Stoll, Genentech Inc, Dennis Crouch, Dyk, Fed Cir, Plager, Moore Wallach 112 people like this. Like Federal Circuit Narrows Application of Hooke’s Law, but Still Wields the Ineligibility HammerJuly 31, 2020 at 11:09 AM  Tags: Law, Patent, Moore, PTO, Taranto, Federal Circuit, American Axle, Dennis Crouch, Dyk, Axle, Andrei Iancu, Federal Circuit Narrows Application of Hooke, American Axle Mfg, Neapco Holdings Fed Cir, En Banc Denial 50 people like this. Like Arthrex Remands: Treat or Trick?July 19, 2020 at 7:30 PM Guest post by Professor Andrew C. Michaels (University of Houston Law Center)
With Arthrex certiorari petitions hitting the Supreme Court over the past weeks, one issue that seems to be underappreciated is the judicial retroactivity question raised by Judge Dyk in his Bedgear concurrence, which was joined by Judge Newman. It is fair to say that these two venerable judges don’t always agree, so on the rare occasion when they team up for a concurrence one might reasonably expect that they have a ...Tags: Supreme Court, Law, Court, Georgia, United States, Uspto, SEC, Kingston, Rivers, Madison, Patent, Harper, Booker, Fed, Hyde, Newman 18 people like this. Like CardioNet v. InfoBionic: Patenting a Diagnostic ToolApril 17, 2020 at 3:13 PM  Tags: Supreme Court, Law, Patent, Mizzou, Stoll, Dennis Crouch, Dyk, McKool Smith, Plager, CardioNet LLC, CardioNet, InfoBionic Inc Fed 79 people like this. Like Guest Post: Out of the Blue: The Federal Circuit Devises a New Rule for Color MarksApril 10, 2020 at 12:13 AM  Tags: Supreme Court, Law, Court, Missouri, Patent, Christian Louboutin, Wal Mart Stores Inc, Wal Mart, Chen, O'Malley, Trademark Office, Federal Circuit, Brunetti, 10th Circuit, Dyk, Ttab 103 people like this. Like En Banc Denial in ArthrexMarch 23, 2020 at 6:04 PM by Dennis Crouch
Arthrex, Inc. v. Smith & Nephew, Inc. and U.S. as intervenor (Fed. Cir. 2020) (en banc denial)
None of the parties in this case were happy with the Federal Circuit’s original decision in Arthrex and all filed petitions for en banc rehearing. Those petitions have now been denied in what appears to be a 8-4 split with Judges Newman, Wallach, Dyk, and Hughes expressly dissenting from the denial. Judge Moore authored the original opinion in the case and also authored an opinion he...Tags: Supreme Court, Law, Congress, Senate, US, United States, Uspto, AIA, Patent, Fed, Moore, Congressional, Duffy, Hughes, Chen, O'Malley 6 people like this. Like This case is an example of a “picture claim” that works to avoid the prior art.February 21, 2020 at 4:39 PM  Tags: Law, United States, Robins, Patent, Taranto, Federal Circuit, IPR, Spokeo Inc, Federal Courts, Dyk, PTAB, In Spokeo the Supreme Court, PTAB ChoiRock Contents Factory, Aldric Saucier Spin Master Ltd Fed, ChoiRock 128 people like this. Like Parallel District Court and ITC LitigationJanuary 14, 2020 at 10:50 AM  Tags: Law, US, Commission, Itc, Patent, Fed, Federal Court, Reyna, Federal Circuit, Dyk, Eko, Parallel District Court, ITC Litigation, Eko Brands, Adrian Rivera Maynez Enterprises Fed, District Court See Tandon Corp 146 people like this. Like Validity Goulash: Functional Claim Language, Patent Eligibility, and Pick-up Truck Drive ShaftsDecember 15, 2019 at 12:14 PM by Dennis Crouch
In American Axle, the Federal Circuit found the patented method of manufacturing drifeshafts to be patent ineligible. U.S. Patent No. 7,774,911. The claims “tuned” the shafts in order to reduce multiple forms of vibrational resonance, and the court held that the claims were improperly directed to “Hooke’s law, and possibly other natural laws.” The majority opinion was written by Judge Dyk and joined by Judge Taranto; while Judge Moore wrote a vigorous dissent identifying the ma...Tags: Law, Patent, Moore, Morse, Taranto, Michel, Dennis Crouch, Dyk, Neapco, Hooke, American Axle the Federal Circuit, Supreme Court '' U S Startups Inventors, Jeremy C Doerre 14 people like this. Like Hey Mechanical Engineers: Your Patents are Also IneligibleOctober 3, 2019 at 1:47 PM  Tags: Supreme Court, Law, Diamond, Halliburton, Patent, Parker, Mayo, Moore, Taranto, Federal Circuit, Dennis Crouch, Dyk, Flook, Diehr, Neapco, American Axle Manufacturing Inc 55 people like this. Like Standing to Defend your (Expired) PatentMay 22, 2019 at 9:34 PM Sony Corp. v. Iancu (Fed. Cir. 2019)
Sony’s patent no. 6,097,676 is directed toward multiplex audio recordings with each channel having a different language translation. Back in 2015, SONY sued ARRIS for infringing the ‘676 patent. (One of several infringement lawsuits between the companies). In 2016, ARRIS turned-around and filed for inter-partes-review (IPR). The PTAB instituted as to two claims (5 and 8) and found them unpatentable (obvious). That final written decision was issued in Septe...Tags: Law, Sony, Uspto, Patent, Fed, Board, Newman, Sony Corp, Prost, ARRIS, IPR, Dyk, PTAB, Lubrizol Corp, Iancu Fed, Exxon Chem Patents Inc How Smart is your Cleaning Robot?April 23, 2019 at 2:50 PM  Tags: Law, US, Itc, Irobot, Patent, Bryson, Mayer, Federal Circuit, Dennis Crouch, Dyk, iRobot Corp, USITC, USITC Fed 128 people like this. Like Am I my Server Rack?: Do Edge Nodes Satisfy the Venue Rules?February 5, 2019 at 12:06 PM  Tags: Google, Texas, Law, Patent, Newman, Reyna, Eastern District of Texas, Taranto, Federal Circuit, Cray, Tex, Dennis Crouch, Dyk, Lourie, TC Heartland, Google Fed 146 people like this. Like Conflating Design Patent & Trademark Infringement – Can you just not?October 31, 2018 at 8:49 AM By Sarah Burstein, Professor of Law at the University of Oklahoma College of Law
Converse v. ITC and Sketchers, New Balance, et al. (Fed. Cir. 2018) [ConverseITC]
As Professor Crouch already pointed out, the majority here held that “[i]n the context of trade-dress infringement, . . . accused products that are not substantially similar cannot infringe.” In doing so, the majority cited a perfectly good and persuasive authority, Versa Prods. Co. v. Bifold Co. (Mfg.), 50 F.3d 189, 202 (3d Cir. 1995)...Tags: Law, Itc, Patent, White, Fed, Gorham, Crouch, Dyk, Swisa Inc, Gorham Co, Sarah Burstein Professor of Law, University of Oklahoma College of Law Converse, Versa Prods Co, Bifold Co, Egyptian Goddess Inc, So Federal Circuit 29 people like this. Like Converse: Secondary Meaning and Infringement Redefined for Trade DressOctober 30, 2018 at 11:02 AM  Tags: Supreme Court, Law, Converse, Itc, Patent, White, Fed, O'Malley, PTO, Federal Circuit, Chuck Taylor, International Trade Commission, Dennis Crouch, Dyk, Lanham, In Wal Mart Stores Inc 106 people like this. Like Acorda Therapeutics: Other Patents Covering Invention Precludes Reliance on Secondary Indicia of NonObviousnessSeptember 10, 2018 at 7:23 PM  Tags: Supreme Court, Law, US, Ap, Patent, Newman, Elan, Taranto, Federal Circuit, Dennis Crouch, Dyk, Amici, Acorda Therapeutics, Acorda, Roxane Labs Fed, FDA Research Exemption 121 people like this. Like In re Maatita: Has the Court Radically Redesigned Design Patent Coverage?August 28, 2018 at 9:03 AM  Tags: Law, Patent, PTO, Federal Circuit, Crouch, Zahn, Burstein, CCPA, Dyk, Sarah Burstein, Maatita, Reyna Stoll 60 people like this. Like En Banc: Court Rejects PTOs Narrow Reading of 1-Year Deadline for IPR FilingAugust 16, 2018 at 11:48 AM by Dennis Crouch
In an unusual en banc footnote, the Federal Circuit has ruled that the litigation time-bar found in 35 U.S.C. § 315(b) applies even in cases where the plaintiff-patentee voluntarily dismisses the lawsuit without prejudice. Click-to-Call Tech., LP v. Ingenio, Inc. and Iancu (Fed. Cir. 2018).
The statute provides:
An inter partes review (IPR) may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real part...Tags: Law, Patent, Board, O'Malley, Federal Circuit, Duval, 5th Circuit, IPR, Dennis Crouch, Dyk, Keen, Call Tech LP, Lourie, Iancu Fed, Ingenio Inc, Stephen DuVal 6 people like this. Like Saint Regis Mohawk Tribe, Allergan v. Mylan: No Tribal Immunity for IPRJuly 23, 2018 at 5:38 PM By Jason Rantanen
Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., Teva Pharmaceuticals USA, Inc., AKORN, Inc. (Fed. Cir. 2018) Download Opinion
Panel: Dyk (concurring), Moore (author), Reyna
Last fall, Allergan transferred a set of patents relating to its Restasis product (the “Restasis Patents”) to the Saint Regis Mohawk Tribe (“the Tribe”). The Tribe promptly asserted tribal sovereign immunity in the pending inter partes review proceedings involving the Restasis patents...Tags: Supreme Court, Law, Court, Allergan, States, Patent, Sas, Mylan, FMC, Moore, Bryson, Tribe, Reyna, The Board, Eastern District of Texas, Federal Circuit 32 people like this. Like Shenanigans, Time Bars, and Federal Circuit OversightJanuary 10, 2018 at 2:01 AM Guest post by Saurabh Vishnubhakat, Associate Professor at the Texas A&M University School of Law and the Texas A&M College of Engineering. Although Prof. Vishnubhakat was an advisor at the USPTO until June, 2015, his arguments here should not be imputed to the USPTO or to any other organization. Prof. Vishnubhakat was counsel of record for the amicus brief by patent and administrative law professors in this case.
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In its en banc decision in Wi-Fi One, LLC v. Broadcom Corp, the Federal Circu...Tags: Texas, Supreme Court, Law, Congress, Court, Uspto, AMP, AIA, Patent, Broadcom, Prometheus, Apple Inc, APA, Mayo, Hughes, Chen 40 people like this. Like We are all FUCTDecember 15, 2017 at 11:42 AM  Tags: Supreme Court, Law, Congress, Patent, Trademark Registration, Tam, Moore, PTO, Federal Circuit, Dyk, Ttab, Matal, Bruneti Fed, Bruneti, Stoll Judge Dyk 59 people like this. Like Attorney Fees: What is the meaning of “all expenses?”August 31, 2017 at 1:19 PM In a sua sponte en banc order, the Federal Circuit has announced its intent to reevaluate the NantKwest decision permitting the PTO to recoup its attorney fees in defending a Section 145 civil action.
Issue: Did the panel in NantKwest, Inc. v. Matal , 860 F.3d 1352 (Fed. Cir. 2017) correctly determine that 35 U.S.C. § 145’s “[a]ll the expenses of the proceedings” provision authorizes an award of the United States Patent and Trademark Office’s attorneys’ fees?
After being finally rejected by bot...Tags: Law, Patent, Hyatt, Fed, PTO, Federal Circuit, Stoll, Prost, United States Patent and Trademark Office, NantKwest, Dyk, NantKwest Inc, Kappos, Matal 6 people like this. Like PTAB: Serial Filing Past the Deadline and Adding Judges to Achieve a ResultAugust 22, 2017 at 12:16 PM  Tags: Law, Congress, Patent, Board, Boucher, PTO, Federal Circuit, NIDEC, Wallach, IPR, Dyk, PTAB, Joinder, Zhongshan Broad Ocean Motor Fed, Dennis Crouch Nidec Motor, PTAB Board 59 people like this. Like Court Jumps in to Claim Construction and Anticipation AnalysisAugust 14, 2017 at 3:55 PM  Tags: Law, Whirlpool, Patent, Fed, Board, Newman, The Board, Federal Circuit, Prost, IPR, Wulf, Dyk, PTAB, Beyond Innovation Tech Co, Claim Construction and Anticipation Analysis, Homeland Housewares 77 people like this. Like Linking Patent and Trademark Attorney FeesAugust 10, 2017 at 12:43 PM Romag Fasteners v. Fossil is a rare infringement case that involves allegations of both patent and trademark infringement. The important aspect of the Federal Circuit’s decision here harmonizes the attorney fee requirements for trademark and patent cases.
A jury sided with Romag – finding that Fossil’s magnetic snaps infringed both the asserted patent and trademark (product design). (U.S. Patent No. 5,722,126 and U.S. Trademark Reg. No. 2,095,367).
The jury returned a verdict for Romag, finding...Tags: Law, Circuit, Fossil, Patent, Newman, Second Circuit, Federal Circuit, Dyk, Romag Fasteners, Romag, Supreme Court s Octane Fitness 46 people like this. Like Please Define What you Mean by Ordinary MeaningJuly 19, 2017 at 12:44 PM  Tags: Law, Global, Patent, Fed, Newman, Hughes, District Court, LLC, Federal Circuit, Dennis Crouch, Dyk, Samsung Elecs Co, NobelBiz, Micro Int ' l Ltd, Beyond Innovation Tech Co 102 people like this. Like Paying Attorney Fees on AppealJune 29, 2017 at 3:16 PM  Tags: Law, Uspto, Patent, Hyatt, PTO, Court of Appeals for the Federal Circuit, Federal Circuit, Stoll, Prost, NantKwest, Dyk, Matal the Federal Circuit, Hans Klingemann 147 people like this. Like |
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