Appeal of Discovery Order in BPCIA Patent Infringement Case Dismissed for Lack of Jurisdiction and Writ of Mandamus for Compelling Discovery Denied

AMGEN v. HOSPIRA:  August 10, 2017.  Before Dyk, Bryson and Chen.   Takeaway: The lack of immediate appeal over orders denying discovery of paragraph (l)(2)(A) information under BPCIA does not render such orders “effectively unreviewable” on appeal from a final judgment to qualify for interlocutory review. The reasonableness requirement of paragraph …

CAFC Upheld TTAB’s Decision to Deny Registration of a Mark Merely Descriptive of a Feature of Goods and Services

IN RE:  NORTH CAROLINA LOTTERY:  August 10, 2017.  Before Prost, Chen and Hughes.   Takeaway: As a legal matter, the TTAB did not err by considering the explanatory text of the specimens in the inquiry of whether the mark was descriptive. A mark that merely describes a feature of goods and …

Causal Nexus Requirement for Showing Irreparable Harm in Multi-consumer, Multi-Feature Products Only Requires An infringing Feature to be “A Driver” of Demand

GENBAND v. METASWITCH: July 10, 2017. Before Lourie, Taranto, and Chen.   Takeaway: In multi-consumer, multi-feature products, the causal nexus requirement for showing irreparable harm can be satisfied by evidence showing that an infringing feature increases a product’s desirability, or evidence showing that the absence of the feature would make …

PTAB Cannot Treat Pre-AIA Means-Plus-Function Limitations As Purely Functional Under the Broadest Reasonable Interpretation Standard

IPCOM GMBH & CO. v. HTC CORPORATION: July 7, 2017. Before Prost, Clevenger, Chen. Takeaway: Pre-AIA §112 ¶ 6 (means-plus-function) claim construction analysis requires that the Board not only identify the particular claimed function, but also identify the corresponding structure, material, or acts that perform that function in the specification. …

Stanford University’s Loss in Interferences of Three Patents Covering Testing Methods for Fetal Aneuploidies for Lack of Written Description is Vacated

The Board of Trustees of the Leland Stanford Junior University v. The Chinese University of Hong Kong, Jun. 27, 2017, Before O’Malley, Reyna, and Chen.   Takeaway: The Federal Circuit declined to reconsider its decision in Biogen MA, Inc. v. Japanese Found. for Cancer Research, 785 F.3d 648 (Fed. Cir. …