Latest Posts › Patent Invalidity

Share:

Later-Filed, Earlier-Expiring Patent Not an ODP Reference

Addressing invalidity due to obvious-type double patenting (ODP) based on later-filed-related patents, the US Court of Appeals for the Federal Circuit reversed a district court’s application of In re Cellect (Fed. Cir. 2023)...more

Patent Invalidity Doesn’t Demonstrate Good Faith for Consent Order Violation

The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (ITC) decision upholding a civil penalty for violating a consent order based on a patent that was later found to be invalid...more

Prior Art-Based Invalidity Analysis May Be Possible for Indefinite Claim

Addressing a decision by the US Patent and Trademark Office’s Patent Trial and Appeal Board (Board) declining to find certain claims unpatentable because they contained means-plus-function elements without any corresponding...more

A Lot of Hot Air? Obviousness Testimony Must Come from POSITA

Addressing a jury verdict of invalidity, the US Court of Appeals for the Federal Circuit found that the district court abused its discretion in allowing trial testimony regarding obviousness from a lay witness, and remanded...more

Merely Contemplating Alternative Embodiment May Satisfy Written Description

Addressing a decision granting summary judgment of invalidity due to lack of sufficient written description and noninfringement, the US Court of Appeals for the Federal Circuit explained that a patent holder’s contentions...more

ITC May Reassess Civil Penalty Even If Asserted Claims Are Later Invalidated

Addressing a US International Trade Commission (ITC) decision refusing to reassess its imposition of a civil penalty for a violation of a consent order, the US Court of Appeals for the Federal Circuit held that its earlier...more

Inconsistent and Confusing Specification Language Does Not Support Broad Claim Construction - Trustees of Columbia Univ. v....

Addressing various claim constructions that led to a stipulated judgment of non-infringement and partial invalidity, the US Court of Appeals for the Federal Circuit affirmed two claim constructions and a related...more

Previously Denied Section 101 Defense Rendered Meritorious by the Supreme Court’s Alice Decision (Mortgage Grader, Inc. v. First...

Addressing a summary judgment of patent ineligibility, the U.S. Court of Appeals for the Federal Circuit agreed with the district court that the Supreme Court’s Alice decision provided good cause for a defendant to amend its...more

Claims Obvious Despite Contrary Jury Verdict - ABT Systems, LLC v. Emerson Electric Co.

Addressing the issue of obviousness, the U.S. Court of Appeals for the Federal Circuit overturned the jury verdict of non-obviousness and focusing on the nature of the problem to be solved, concluded that the asserted claims...more

Only Basic Functions of a Processor Avoid Need for Disclosed Algorithm - EON Corp. IP Holdings LLC v. AT&T Mobility LLC

Addressing the question of what corresponding structure must be disclosed to support a means-plus-function claim element, the U.S. Court of Appeals for the Federal Circuit upheld a district court finding that eight...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide