Federal Circuit Summary -
Before Moore, Reyna, and Chen. Appeal from the Trademark Trial and Appeal Board.
Summary: The TTAB must consider Applicant’s evidence and argument as to an absence of actual confusion during...more
Federal Circuit Summary -
Before Newman, O’Malley, and Chen. Appeal from the PTAB.
Summary: Patent Owner Vertnetx Inc. (“Virnetx”) was collaterally estopped from arguing that a reference was not a printed publication...more
12/11/2018
/ America Invents Act ,
Appeals ,
Appellate Record ,
Collateral Estoppel ,
Failure To Preserve ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patents ,
Pre-AIA Patents ,
Printed Publications ,
Retroactive Application ,
Rule 36
Federal Circuit Summary -
Before Prost, O’Malley, and Stoll. Appeal from the Trademark Trial and Appeal Board.
Summary: Advertising costs and sales figures are relevant in determining whether a trademark is famous and,...more
Federal Circuit Summary -
Before O’Malley, Reyna, and Hughes. Appeal from the District Court for the Northern District of California.
Summary: Testing for the presence of a bacterium that causes tuberculosis and the...more
10/12/2018
/ Appeals ,
CLS Bank v Alice Corp ,
Diagnostic Method ,
Mayo v. Prometheus ,
Method Claims ,
Patent Infringement ,
Patent Invalidity ,
Patent-Eligible Subject Matter ,
Patents ,
Product of Nature Doctrine ,
Reaffirmation ,
Section 101 ,
Summary Judgment
Federal Circuit Summary -
Before Judges Reyna, Bryson, and Stoll. Appeal from the United States District Court for the District of Delaware.
Summary: A claim that recites a specific method for navigating through...more
10/11/2018
/ 3D-Automation ,
Abstract Ideas ,
Appeals ,
Computer-Related Inventions ,
Google ,
Judgment on the Pleadings ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Reaffirmation ,
Remand ,
Reversal ,
Section 101
Federal Circuit Summary -
Before Prost, Moore, and Reyna. Appeal from the District of Delaware.
Summary: Plain language claim construction will not be narrowed based on the prosecution history unless the patentee...more
Federal Circuit Summary -
En Banc (excl. Chen), Opinion for the court filed by Stoll, joined by Newman, Lourie, Moore, O’Malley, Wallach, and Taranto. Appeal from the United States District Court for the Eastern District...more
8/2/2018
/ 35 U.S.C. § 145 ,
Administrative Proceedings ,
American Rule ,
Appeals ,
Attorney's Fees ,
En Banc Review ,
Litigation Fees & Costs ,
Patent Examinations ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Reversal ,
Sua Sponte ,
USPTO ,
Vacated
Federal Curcuit Summaries -
Before Chen, Newman and Dyk. Appeal from the Eastern District of Texas.
Summary: The Texas Theft Liability Act (TTLA), which awards attorney’s fees to the prevailing party, does not permit...more
Federal Circuit Summaries -
Before Lourie, Dyk, and Taranto. Appeal from the District Court for the District of Delaware.
Summary: A passing reference in the prior art to a formulation containing the claimed active...more
Federal Circuit Summaries -
Before Reyna, Taranto, and Hughes. Appeal from the Northern District of California.
Summary: Failure to use the word “means” creates a rebuttable presumption that the term is not a...more
6/7/2018
/ Appeals ,
Apple ,
Clear Error Standard ,
Indefiniteness ,
Means-Plus-Function ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Rebuttable Presumptions ,
Remand ,
Vacated
Federal Circuit Summaries -
Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. On petition for rehearing en banc.
Summary: Under step two of the Alice framework,...more
6/5/2018
/ Abstract Ideas ,
Appeals ,
Claim Construction ,
CLS Bank v Alice Corp ,
En Banc Review ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Petition For Rehearing ,
Question of Fact ,
Question of Law ,
Section 101
Federal Circuit Summaries -
Before Lourie, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board (“PTAB”).
Summary: Nothing in § 41.41(b)(2) bars a reply brief from addressing new arguments raised in the...more
Federal Circuit Summaries -
Before Reyna, Bryson, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: A petitioner in an Inter Partes Review may introduce new evidence not included in its petition if: 1)...more
Federal Circuit Summaries -
Before Hughes, Reyna, Stoll. Appeal from the District of Minnesota.
Summary: Specific personal jurisdiction over a foreign corporation is proper when the foreign corporation allegedly...more
Federal Circuit Summaries -
Before Reyna, Linn, and Hughes. On Petition for Writ of Mandamus to the Eastern District of Texas.
Summary: Under Federal Circuit law, the plaintiff bears the burden of showing that venue is...more
5/18/2018
/ Appeals ,
Arms Length Transactions ,
Burden of Proof ,
Call Centers ,
Mandamus Petitions ,
Motion to Dismiss ,
Motion to Transfer ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Principal Place of Business ,
Remand ,
Reversal ,
Venue
Federal Circuit Summaries -
Before Newman, Mayer, and Lourie. Appeal from the Patent Trial and Appeal Board.
Summary: An application is unpatentable under pre-AIA 35 U.S.C. § 102(f) when the application does not name...more
The STRONGER (Support Technology & Research for Our Nation’s Growth and Economic Resilience) Patents Act of 2017 was recently introduced in the Senate by a bipartisan group led by Senator Chris Coons (D-Del.) and co-sponsored...more
8/14/2017
/ America Invents Act ,
Burden of Proof ,
Claim Amendments ,
Claim Construction ,
Inter Partes Review (IPR) Proceeding ,
Interlocutory Appeals ,
Legislative Agendas ,
Non-Appealable Decisions ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Proposed Legislation ,
Standing
Stents, which are typically inserted into a blood vessel in order to expand the vessel to prevent or alleviate a blockage, have traditionally been made from metal mesh and remained in the body permanently (or until later...more
The Patent Act provides that, in a case of infringement, courts “may increase the damages up to three times the amount found or assessed.” Previously, in order to recover enhanced damages under the Patent Act, a patent owner...more
The Senate Committee on Small Business and Entrepreneurship held a meeting titled “An Examination of Changes to the U.S. Patent System and Impacts on America’s Small Businesses” on February 25, 2016. ...more
According to press releases, the American Association for Respiratory Care (AARC) and Edison Nation Medical have partnered to search for innovations for improving the process, outcomes, and comfort for patients requiring...more
The Innovation Act (H.R. 9), a patent reform bill introduced this congressional session, received bipartisan support in a 24-8 positive vote by the House Judiciary Committee on June 11, 2015. The bill is now scheduled to...more
The United States Patent and Trademark Office (“USPTO”) is hosting a Medical Tech Fair & Medical Device Partnership Meeting on June 2-3, 2015....more
(March 3, 2015) Mark Leahey, President and CEO of the Medical Device Manufacturers Association (MDMA), issued a statement regarding the Support Technology and Research for Our Nation’s Growth (STRONG) Patents Act of 2015. ...more
(January 13, 2015) The United States Court of Appeals for the Federal Circuit affirmed a lower court’s finding that W.L. Gore & Associates, Inc. (“Gore”) willfully infringed U.S. Patent No. 6,436,135 (“the ’135 patent”) . ...more