On July 27, in Royal Brush Manufacturing, Inc. v. United States, the Federal Circuit held that importers have a right to see the evidence used against them in antidumping proceedings by the Customs and Border Patrol (CBP),...more
On May 18, the U.S. Supreme Court in Amgen Inc. v. Sanofi unanimously affirmed the Federal Circuit’s finding that Amgen’s patent claims to cholesterol-lowering antibodies were not enabled under 35 U.S.C. § 112. The Court...more
On March 21, the U.S. Supreme Court will hear oral argument in Abitron Austria GmbH v. Hetronic International, Inc. to address an important question involving the exterritorial reach of federal trademark law under the Lanham...more
On December 16, in Adasa Inc. v. Avery Dennison Corporation, the Federal Circuit upheld patentability of claims reciting an RFID transponder with storage for a particular type of serial number—affirming the district court’s...more
On December 15, in Uniloc 2017 LLC v. Netflix, Inc. (nonprecedential), the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) determination that a claim of Uniloc’s U.S. 6,584,229 patent was unpatentable as...more
On November 4, the United States Supreme Court granted a petition for writ of certiorari to review the Federal Circuit’s decision in Amgen Inc., v. Sanofi. Certiorari was limited to the question of whether the enablement...more
In INVT SPE LLC v. ITC, the Federal Circuit affirmed an International Trade Commission (ITC) decision that held INVT’s patent claims were not essential to the LTE cellular communications standard. According to the court, INVT...more
On May 20, in Michael Philip Kaufman v. Microsoft Corporation, the Federal Circuit issued an opinion illustrating the importance of raising claim construction disputes at trial to avoid forfeiting arguments in post-verdict...more
On February 1, in Qualcomm Inc. v. Apple Inc., the Federal Circuit held that Apple could not base an inter partes review (IPR) challenge of a Qualcomm patent solely on “applicant admitted prior art” (AAPA) found in the patent...more
On June 11, in Yanbin Yu, Zhongxuan Zhang. v. Apple Inc., the Federal Circuit issued a decision finding that a claim directed to an improved digital camera was patent-ineligible under 35 U.S.C. § 101. This decision follows...more
On May 5, in Cap Export, LLC v. Zinus, Inc., the Federal Circuit held that a district court properly vacated its earlier judgment of infringement in favor of Zinus after evidence came to light that Zinus’s president gave...more