Condensed IP

This episode concerns an appeal before the United States Court of Appeals for the Federal Circuit, focusing on a patent dispute between Eye Therapies, LLC, and Slayback Pharma, LLC. The core of the appeal revolves around the interpretation of a patent claim for a method of reducing eye redness using brimonidine, specifically the phrase "consisting essentially of." Eye Therapies challenged a prior decision by the Patent Tr...

This opinion concerns an appeal in the case of Optis Cellular Technology, LLC v. Apple Inc., heard by the United States Court of Appeals for the Federal Circuit. The core of the dispute involves Optis's claims that Apple infringed on five of its standard-essential patents (SEPs) related to LTE technology, used in iPhones, iPads, and Watches. The court vacated earlier judgments on infringement and damages, mandating a new trial...

This opinion from the United States Court of Appeals for the Federal Circuit details an appeal involving Ancora Technologies, Inc. against Roku, Inc., VIZIO, Inc., and Nintendo Co., Ltd. The core of the dispute revolves around the patentability of Ancora's U.S. Patent No. 6,411,941, which concerns software for restricting unauthorized use of licensed programs. Specifically, the court reviews the Patent Trial and Appeal Board&a...

This Federal Circuit opinion concerns an appeal from Agilent Technologies, Inc. against Synthego Corp., concerning the patentability of gene-editing technology related to CRISPR-Cas systems. Agilent appealed decisions by the Patent Trial and Appeal Board, which found all claims of Agilent's U.S. Patent Nos. 10,337,001 and 10,900,034 unpatentable due to anticipation or obviousness based on prior art. The core of the dispute rev...

This is a Federal Circuit opinion regarding a patent dispute between United Services Automobile Association (USAA) and PNC Bank N.A., heard by the United States Court of Appeals for the Federal Circuit. The core of the appeal concerns the patent eligibility of USAA's "Digital Camera Processing System" patent, specifically U.S. Patent No. 10,769,598, U.S. Patent No. 10,402,638, and U.S. Patent No. 9,224,136, under 35 ...

This is an opinion from the United States Court of Appeals for the Federal Circuit concerning a patent infringement case between Fraunhofer-Gesellschaft and Sirius XM Radio Inc. The core issue revolves around equitable estoppel, a legal defense where a party is prevented from asserting a claim due to their misleading conduct and another party's detrimental reliance on that conduct. The court reversed the district court's ...

This Federal Circuit opinion relates to an appeal from Dolby Laboratories Licensing Corporation (Dolby) against Unified Patents, LLC (Unified) regarding a patent dispute. The core issue revolves around Dolby's lack of standing to appeal the Patent Trial and Appeal Board's (Board) decision, as determined by the U.S. Court of Appeals for the Federal Circuit. Dolby attempted to argue standing based on a statutory right to ap...

This Federal Circuit opinion concerns an appeal by Alnylam Pharmaceuticals, Inc., against Moderna, Inc., regarding a patent infringement lawsuit concerning Moderna’s COVID-19 vaccine, SPIKEVAX®. The core of the dispute revolves around the interpretation of the patent term “branched alkyl” within Alnylam's U.S. Patent Nos. 11,246,933 and 11,382,979, specifically whether the alpha-position carbon must be bound to at least three ...

This is an opinion from the United States Court of Appeals for the Federal Circuit regarding a patent dispute between Sigray, Inc. and Carl Zeiss X-Ray Microscopy, Inc. The case involves U.S. Patent No. 7,400,704, owned by Zeiss, which covers X-ray imaging systems with projection magnification. Sigray challenged the patent's validity through an inter partes review at the Patent Trial and Appeal Board (PTAB), arguing certain cl...

This is an opinion from the Federal Circuit addressing whether a consumer, Rebecca Curtin, had the legal right, or statutory standing, to oppose a trademark registration for "RAPUNZEL" covering dolls and toy figures. The case explores the requirements for bringing an opposition under 15 U.S.C. § 1063 of the Lanham Act, particularly focusing on whether a consumer's interests fall within the "zone of interests&quo...

This is an opinion from the United States Court of Appeals for the Federal Circuit regarding a patent interference proceeding between The Regents of the University of California and The Broad Institute. The core dispute involves priority of invention for a CRISPR-Cas9 system using single-guide RNA for editing DNA in eukaryotic cells. The court reviews the Patent Trial and Appeal Board's decisions on conception and written desc...

This is a decision on an appeal before the United States Court of Appeals for the Federal Circuit in the case of Ingenico Inc. v. IOENGINE, LLC. The core issue is IOENGINE's appeal of a jury verdict and subsequent court decisions which found certain patent claims invalid due to prior art, specifically a device known as the DiskOnKey System, including its Firmware Upgrader. IOENGINE argues that the evidence was insufficient to ...

This episode is about an opinion from the United States Court of Appeals for the Federal Circuit in the case of IN RE: MIODRAG KOSTIC, GUY VANDEVELDE, concerning their appeal from a United States Patent and Trademark Office decision. The case centers on a reissue application for U.S. Patent No. 8,494,950, titled "System for Conducting an Exchange of Click-Through Traffic on Internet Web Sites." The core issue is whether a...

This is an opinion by the United States Court of Appeals for the Federal Circuit concerning a patent infringement lawsuit between Fintiv, Inc. and PayPal Holdings, Inc. Fintiv sued PayPal, asserting infringement of four patents related to a "cloud-based transaction system". The core issue on appeal is the district court's ruling that certain claim terms, specifically "payment handler" and "payment hand...

This is an opinion from the United States Court of Appeals for the Federal Circuit regarding PT Medisafe Technologies' attempt to register a dark green color for medical examination gloves as a trademark. The court affirmed the decision of the Trademark Trial and Appeal Board, which had denied registration because the proposed color mark was found to be generic. Applying a two-step test specifically for color marks, the court ...

This is an opinion from the United States Court of Appeals for the Federal Circuit concerning an appeal involving Qualcomm Incorporated and Apple Inc., with the United States Patent and Trademark Office as an intervenor. The core issue revolves around Apple's challenge to a Qualcomm patent (U.S. Patent No. 8,063,674) in an inter partes review (IPR) proceeding. Specifically, the dispute focuses on whether Applicant Admitted Pri...

This episode is about a United States Court of Appeals for the Federal Circuit opinion regarding a patent dispute between Recentive Analytics, Inc. and Fox Corp. The core issue on appeal is the patent eligibility of Recentive's patents, which relate to using machine learning for generating television broadcast schedules and network maps. The district court had dismissed Recentive's case, finding the patents were directed ...

This episode is about an opinion from the United States Court of Appeals for the Federal Circuit regarding a patent dispute between Sage Products, LLC and the Acting Under Secretary of Commerce for Intellectual Property. Sage appealed the Patent Trial and Appeal Board's decision that certain claims in two of its patents were unpatentable based on prior art. The court reviewed the Board's findings concerning anticipation, ...