Mike Baldwin
Subscribe to Mike Baldwin's PostsMichael J. Baldwin focuses his practice on intellectual property litigation matters. Read Mike Baldwin's full bio.
Allegations in Complaint Prevail over Statements in Exhibit
By Mike Baldwin on Apr 20, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit, prioritizing specific allegations in the complaint over disclosures in exhibits to the complaint, reversed and remanded a district court decision dismissing an original complaint, denying leave to file an amended complaint. Healthier Choices Management Corp. v. Philip Morris USA, Inc.; Philip Morris Products S.A., Case Nos....
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Swing and a Miss: Failed Interferences Don’t Affect Later Ones
By Mike Baldwin on Jan 19, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s (Board) interference decision finding that priority belonged to the junior party based on sufficiently corroborated reduction to practice. Dionex Softron GmbH v. Agilent Technologies Inc., Case No. 21-2372 (Fed. Cir. Jan. 6, 2023) (Reyna, Chen, Stark, JJ.) Both parties...
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Burdens Can’t Be Avoided No Matter How They’re Dressed Up
By Mike Baldwin on Jan 5, 2023
Posted In Patents
Addressing a multitude of issues, the US Court of Appeals for the Federal Circuit affirmed the district court’s ruling dismissing infringement of one patent and finding a trade dress invalid but reversed the invalidation of the other patent and vacated dismissal of an inequitable conduct defense. Mosaic Brands, Inc. v. Ridge Wallet LLC, Case Nos....
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The Board Is Back in Town: Arthrex Can’t Save Untimely Motions to Terminate
By Mike Baldwin on Sep 29, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) unpatentability finding and denial of a motion to terminate, finding that the Board had already issued final written decisions that were not vacated at the time the Board denied the parties’ motion to terminate. Polaris Innovations Ltd. v....
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PTO Can and Should Use Alice/Mayo Framework to Assess Eligibility
By Mike Baldwin on Sep 1, 2022
Posted In Patents
Addressing a challenge of the Alice/Mayo framework in the context of the Administrative Procedure Act (APA) and the Fifth Amendment’s due process clause, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) decision finding that patent claims directed to analyzing social security benefit applications were patent ineligible...
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Stormy Weather Ahead: Lack of Causation Evidence Rains Out Appeal
By Mike Baldwin on Jul 14, 2022
Posted In Trade Secrets
The US Court of Appeals for the Tenth Circuit found that a trade secret owner lacked “non-speculative and sufficiently probative evidence of a causal nexus between Defendants’ alleged bad acts and [the trade secret owner’s] asserted damages,” and upheld a lower court’s summary judgment ruling for defendants. GeoMetWatch Corp. v. Hall, et. al, Case No....
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Claim Construction and Jurisdictional Discovery Are More Than Skin Deep
By Mike Baldwin on Jun 23, 2022
Posted In Patents
Referencing the use of antecedents from a “wherein” clause, the US Court of Appeals for the Federal Circuit reversed a district court’s claim construction and vacated its summary judgment ruling of indefiniteness that relied on that construction. University of Massachusetts v. L’Oréal S.A., Case No. 21-1969 (Fed. Cir. June 13, 2022) (Prost, Mayer, Taranto, JJ.)...
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Federal Circuit Clarifies Venue in Hatch-Waxman Case
By Mike Baldwin on Nov 18, 2021
Posted In Patents
Addressing venue in the context of a Hatch-Waxman case, the US Court of Appeals for the Federal Circuit explained that sending a paragraph IV notice letter to a company in the district is insufficient to establish venue. Celgene Corp. v. Mylan Pharmaceuticals Inc., Case No. 21-1154 (Fed. Cir. Nov. 5, 2021) (Prost, J.) The Court...
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