In a recent CAFC ruling on U.S. Patent No. 9,361,658, owned by Mantissa Corporation, the court addressed the issue of claim definiteness in the context of an infringement dispute with First Financial Corporation and First Financial Bank, N.A. The case focused on interpreting terms like “transaction partner” and “OFF” within…
Articles Posted in Federal Circuit
Southern District of Indiana’s Dismissal of Patent Infringement Case Affirmed
Indianapolis, Indiana – The U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a suit originally filed by Tenstreet, LLC (“Tenstreet”) in the Southern District of Indiana. In the original suit, Tenstreet alleged that Defendant DriverReach, LLC (“DriverReach”), infringed its rights in United States Patent No. 8,145,575…
Federal Circuit Affirms Patents-in-Suit Unenforceable Due to Inequitable Conduct
Indianapolis, Indiana – Appellants, GS CleanTech Corporation and Greenshift Corporation (collectively “CleanTech”), appealed the U.S. District Court for the Southern District of Indiana’s finding that U.S. Patent Nos. 7,601,858 (the “‘858 patent”), 8,008,516 (the “‘516 patent”), 8,008,517 (the “‘517 patent”), and 8,283,484 (the “‘484 patent”) (together, the “Patents-in-Suit”) are unenforceable…
Trademark Law: United States Court of Appeals for the Seventh Circuit Affirms Award of Over $17.3 Million
The United States Court of Appeals for the Seventh Circuit issued an opinion reversing the denial of attorney’s fees, remanding for an entry of a reasonable fee reward under 15 U.S.C. § 1117(a), and affirming all other aspects of the judgment of the district court in the case of 4SEMO.com…
Patent Office Updates Eligibility Guidelines for Patentability Under Section 101
October 17, 2019. The US Patent Office has issued an Update on “Subject Matter Eligibility.” These Guidelines are used by the Patent Office to determine whether patent claims are eligible for protection under 35 USC 101. Patent claims satisfy § 101’s eligibility requirement unless they are directed to an abstract…
New Northern District of Indiana Judge to be Sworn In
Fort Wayne, Indiana – Former Attorney Holly Brady has been confirmed by the U.S. Senate to serve as judge in the Northern District of Indiana. Brady is only the second woman to serve as judge in the Northern District and the first judge to join the court in nine years.…
Indiana Patent Litigation: Federal Circuit reverses District Court’s dismissal of Lifetime Industries’ Patent Infringement Suit
The Plaintiff, Lifetime Industries, Inc. (doing business as Boyd Corp.) had filed a patent infringement lawsuit in the Northern District of Indiana alleging that Defendant, Trim-Lok, Inc infringed patent no. 6,966,590, Two-Part Seal For A Slide-Out Room, which has been issued by the US Patent Office. The Court of Appeals…
Patentability of Amended Claims in IPR the Burden of the Petitioner’s Issue, Not the Patentee
A 7-4 of the en banc decision of the Federal Circuit concludes that the Patent Trial and Appeal Board improperly requires a patent owner in an inter partes review (IPR) to show that proposed amended patent claims are patentable before a motion to amend those claims will be granted, In an…
Patent Law: Federal Circuit Rules on Two Eli Lilly Patent Cases
Washington, D.C. — The Federal Circuit ruled on two patent infringement decisions, Los Angeles Biomedical Research Institute v. Eli Lilly & Co. and Eli Lilly & Co. v. Los Angeles Biomedical Research Institute, that involve Indianapolis-based Eli Lilly and Company. These companion cases pertain to a pharmaceutical patent, U.S. Patent No. 8,133,903…
U.S. Court of Appeals Rules In Lilly’s Favor on Alimta Vitamin Regimen Patent
Indianapolis, Indiana – The U.S. Court of Appeals for the Federal Circuit has upheld the district court’s decision and ruled in favor of Eli Lilly regarding validity and infringement of the vitamin regimen patent U.S. Patent No. 7,772,209 for Alimta® (pemetrexed for injection). In the case of Eli Lilly and…