Federal Circuit Orders Google Patent Case Transferred from E.D. Tex.

IN RE GOOGLE: Feb. 21, 2017. Before Prost, Lourie, and Linn (dissenting). Takeaway: On a motion to transfer, the existence of related, co-pending litigations does not automatically outweigh all other factors and considerations in the transfer analysis. Procedural Posture: Google petitioned the CAFC for a writ of mandamus following denial …

Federal Circuit Affirms Induced Infringement and No Validity of the Asserted Patent, the Inducement Being Determined in Accordance with an Interim En Banc Decision by the Court

    ELI LILLY AND CO. v. TEVA PARENTERAL MEDICINES, INC., No. 2015-2067 (Fed. Cir. January 12, 2017) (precedential).  On appeal from S.D. Ind. Before Prost, Newman, and Dyk. Procedural Posture: Plaintiff Eli Lily filed a Hatch-Waxman lawsuit against a group of generic pharmaceutical companies, including Teva, to prevent Defendants from …

Federal Circuit Determines That the PTAB Erred in Sustaining an Examiner’s Rejection of a Claim for Being Anticipated by Prior Art

IN RE: STEVEN C. CHUDIK, 2016-1487 (Fed. Cir. January 9, 2017) (non-precedential). On appeal from PTAB.  Before Prost, Clevenger, and Reyna. Procedural Posture: A patent claim was rejected as anticipated by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”) . Finding that the applicant failed to rebut the examiner’s …

Federal Circuit Affirms a District Court’s Claim Construction, Dispositive of the Determination of Non-Infringement

CLOUD FARM ASSOCIATES LP v. VOLKSWAGEN GROUP OF AMERICA, INC., No. 2016-1448 (Fed. Cir. January 9, 2017) (non-precedential).  On appeal from D. Del.  Before Prost, Clevenger, and Reyna. Procedural Posture: Plaintiff Cloud Farm filed a suit against Defendants alleging infringement of several patents directed to vehicular tilt control apparatuses. The …

Board’s Finding of No Use in Commerce for a Web-Based Mark is Vacated for Not Focusing on the Perception of the User

IN RE: JOBDIVA: Dec 12, 2016. Before Prost, Dyk, and Stoll.                                                   Takeaway: To determine use in commerce for a trademark used with a web-based offering, the …