Before Lourie, Clevenger and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: Fame and likelihood of confusion analyses must thoroughly consider all relevant factors and evidence, including the potential...more
Before Lourie, Bryson, and Stark. Appeal from the United States District Court for the Central District of California. Summary: Patent claims that merely recite result-orientated, functional language without specifying the...more
INCEPT LLC v. PALETTE LIFE SCIENCES, INC.
Before Newman, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: No teaching away when art does not disparage invention and free samples cannot...more
OneSubsea IP UK Limited v. FMC Technologies, Inc.
Before Clevenger, Moore, and Dyk. Appeal from the United States District Court for the Southern District of Texas.
Summary: Ordering additional discovery before ultimately...more
MEDTRONIC, INC. v. TELEFLEX INNOVATIONS S.A.R.L.
Before Moore, Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board -
Summary: Federal Circuit confirms low bar for evidence corroborating prior inventorship...more
5/30/2023
/ Corroboration ,
Evidence ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Inventors ,
Medtronic ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents
CUPP COMPUTING AS v. TREND MICRO INC. [OPINION] -
Before Dyk, Taranto, and Stark. Appeal from Patent Trial and Appeal Board.
Summary: Patent Owners cannot attempt to narrow claims by disclaiming claim scope during an...more
FINJAN LLC v. ESET, LLC -
Before Reyna, Prost, and Taranto. Appeal from the Southern District of California. -
Summary: Specific definitions provided in an earlier application in a patent family incorporated by...more
PROVISUR TECHNOLOGIES, INC. v. WEBER, INC.
Before Prost, Reyna, and Stark. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB has an obligation to ensure that its logic is reasonably discernible from the...more
CENTRIPETAL NETWORKS, INC. v. CISCO SYSTEMS, INC.
Before Dyk, Taranto, and Cunningham. Appeal from the United States District Court for the Eastern District of Virginia.
Summary: Placing stock in a blind trust does...more
6/27/2022
/ Conflicts of Interest ,
Divestment ,
Judges ,
Legal Ethics ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Recusal ,
Reversal ,
Stocks ,
Trusts ,
Vacated
KAUFMAN v. MICROSOFT CORPORATION -
Before Dyk, Reyna, and Taranto. Appeal from the District Court for the Southern District of New York -
Summary: An “automatic” method does not require all steps in the method to be...more
MITEK SYS., INC. V. UNITED SERVS. AUTO. ASS’N -
Before Dyk, Taranto, and Cunningham. Appeal from the U.S. District Court for the Eastern District of Texas.
Summary: Declaratory judgment plaintiffs must identify...more
5/24/2022
/ Appeals ,
Article III ,
Declaratory Judgments ,
Federal Rule 12(b)(1) ,
Motion to Dismiss ,
Noninfringement ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Standing ,
Subject Matter Jurisdiction
BLEPHEX, LLC. v. MYCO INDUSTRIES, INC.
Before: Moore, Schall, and O’Malley. Appeal from the Eastern District of Michigan.
Summary: Conclusory statements about how a skilled artisan would combine embodiments in a prior...more
PLASMACAM, INC. v. CNCELECTRONICS, LLC -
Before Dyk, Reyna, and Newman, Appeal from the United States District Court for the Eastern District of Texas.
Summary: Agreement to the definition of a term within settlement...more
UNIVERSITY OF STRATHCLYDE v. CLEAR-VU LIGHTING LLC -
Before Reyna, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: The Federal Circuit reversed the PTAB’s obviousness decision because the...more
COSMOKEY SOLUTIONS GMBH & CO. KG V. DUO SECURITY LLC -
Before O’Malley, Reyna, and Stoll. Appeal from the United States District Court for the District of Delaware.
Summary: Patent claims directed to...more
ACCELERATION BAY LLC v. TAKE-TWO INTERACTIVE SOFTWARE -
Before Moore, Reyna, and Hughes. Appeal from the United States District Court for the District of Delaware.
Summary: The “final assembler” theory of direct...more
IN RE: SURGISIL, L.L.P.
Before Moore, Newman, and O’Malley. Appeal from the Patent Trial and Appeal Board.
Summary: A design patent claiming the design of an article of manufacture cannot be anticipated by the design...more
CAMPBELL SOUP COMPANY V. GAMON PLUS, INC.
Before Moore, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: The standards for establishing a presumption of nexus or a nexus-in-fact between...more
8/23/2021
/ Appeals ,
Campbell Soup Company ,
Design Patent ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Substantial Nexus
CHEMOURS COMPANY FC, LLC v. DAIKIN INDUSTRIES, LTD.
Before Newman, Dyk, and Reyna. Appeal from Patent Trial and Appeal Board.
Summary: A reference may teach away from modifying a particular embodiment to include...more
MOJAVE DESERT HOLDINGS, LLC v. CROCS, INC.
Before Newman, Dyk, and O’Malley. Appeal from the Patent Trial and Appeal Board.
Summary: Parties challenging patents in inter partes reexamination can assign their rights...more
BITMANAGEMENT SOFTWARE GMBH v. UNITED STATES -
Before NEWMAN, DYK, and O’MALLEY, Circuit Judges. Appeal from the United States Court of Federal Claims.
Summary: The U.S. Navy infringed Bitmanagement’s software...more
QUIKTRIP WEST, INC. V. WEIGEL STORES, INC.
Before Lourie, O’Malley, and Reyna. Appeal from the Trademark Trial and Appeal Board.
Summary: When comparing marks under the Dupont factors, the Board may give less weight to...more
Federal Circuit Summary -
Before Dyk, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: A two-dimensional drawing of a three-dimensional object may meet the enablement and definiteness...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
The Federal Circuit affirmed the PTAB’s final written decision holding that claims directed to Novartis’s multiple sclerosis drug Gilenya were obvious in Novartis AG v. Torrent Pharmaceuticals. Ltd., No. 2016-1352 (Fed. Cir....more