On May 7, 2013, in Baron Servs., Inc. v. Media Weather Innovations, LLC, the U.S. Court of Appeals for the Federal Circuit (Dyk, Reyna, Prost*) vacated and remanded the district court's summary judgment that MWI did not...more
On May 1, 2013, in Allergan, Inc. v. Sandoz Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, Prost,* O'Malley) affirmed-in-part and reversed-in-part the district court's judgment that U.S. Patents No. 7,642,258,...more
On May 1, 2013, in Versata Software, Inc. v. SAP Am., Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Prost, Moore) affirmed-in-part, vacated-in-part and remanded-in-part the district court's judgment that...more
On April 26, 2013, in Biosig Instruments, Inc. v. Nautilus, Inc., the U.S. Court of Appeals for the Federal Circuit (Newman, Schall, Wallach*) reversed and remanded the district court's summary judgment that U.S. Patent No....more
On April 19, 2013, in Aspex Eyewear, Inc. v. Zenni Optical, LLC, the U.S. Court of Appeals for the Federal Circuit (Newman,* Prost, Reyna) affirmed the district court's ruling that prior litigation collaterally estopped Aspex...more
On April 19, 2013, in Lazare Kaplan Int'l, Inc. v. Photoscribe Techs., Inc., the U.S. Court of Appeals for the Federal Circuit (Lourie,* Dyk, Reyna) reversed-in-part, vacated-in-part and remanded the district court's summary...more
On April 16, 2013, in Bayer Schering Pharma AG v. Watson Pharm., Inc., the U.S. Court of Appeals for the Federal Circuit (Lourie,* Schall, Prost) reversed the district court's summary judgment that U.S. Reissue Patent No....more
On April 4, 2013, in Saffran v. Johnson & Johnson, the U.S. Court of Appeals for the Federal Circuit (Lourie,* Moore, O'Malley) reversed the district court's judgment that Johnson & Johnson and Cordis Corp. infringed U.S....more
On April 5, 2013, in In re Morsa, the U.S. Court of Appeals for the Federal Circuit (Rader, Lourie, O'Malley*) affirmed-in-part, vacated-in-part and remanded the USPTO Board of Patent Appeals and Interferences decision...more
On March 26, 2013, in Power Integrations, Inc. v. Fairchild Semiconductor Int'l, Inc., the U.S. Court of Appeals for the Federal Circuit (Lourie, O'Malley, Reyna*) affirmed-in-part, reversed-in-part, vacated-in-part and...more
On March 26, 2013, in In re Owens, the U.S. Court of Appeals for the Federal Circuit (Prost,* Moore, Wallach) affirmed the USPTO Board of Patent Appeals and Interferences decision upholding the patent examiner's rejection of...more
3/29/2013
On March 25, 2013, in Dawson v. Dawson, the U.S. Court of Appeals for the Federal Circuit (Reyna, Bryson,* Wallach) affirmed the USPTO Board of Patent Appeals and Interferences decision that awarded priority of invention to...more
3/27/2013
On March 15, 2013, in Frolow v. Wilson Sporting Goods Co., the U.S. Court of Appeals for the Federal Circuit (Newman, Clevenger, Moore*) affirmed-in-part, reversed-in-part and remanded the district court's summary judgment...more
On March 13, 2013, in Aristocrat Techs. Austl. Pty Ltd. v. Int' Game Tech., the U.S. Court of Appeals for the Federal Circuit (O'Malley,* Bryson, Linn) affirmed-in-part, vacated-in-part and remanded the district court's...more
On March 13, 2013, in SynQor, Inc. v. Artesyn Techs., Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Lourie, Daniel) affirmed the district court’s summary judgment that the defendants infringed U.S. Patents...more
On March 20, 2013, in Abbott Labs. v. Cordis Corp., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk,* Reyna) affirmed the district court's grant of Abbott's motion to quash two subpoenas duces tecum issued...more
On March 7, 2013, in In re Hubbell, the U.S. Court of Appeals for the Federal Circuit (Newman, O'Malley* Wallach) affirmed the USPTO Board of Patent Appeals and Interferences decision upholding the patent examiner's rejection...more
On February 13, 2012, in Function Media, L.L.C. v. Google Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Newman, Reyna*) affirmed the district court's judgment entering the jury verdict that Google did not...more
On February 20, 2013, in Brilliant Instruments, Inc. v. GuideTech, Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore,* Reyna) reversed and remanded the district court's summary judgment that Brilliant did...more
On February 14, 2013, in, the U.S. Court of Appeals for the Federal Circuit (Reyna, Bryson, Wallach*) reversed-in-part and affirmed-in-part the district court's judgment following a bench trial that Watson did not infringe...more
"[Neither the Declaratory Judgment Act nor Federal Circuit jurisprudence creates] a federal cause of action for assignor estoppel."
On February 11, 2013, in Semiconductor Energy Lab. Co. v. Nagata, the U.S. Court of...more
"[A] device does not infringe simply because it is possible to alter it in a way that would satisfy all the limitations of a patent claim."
On February 4, 2013, in Accent Packaging, Inc. v. Leggett & Platt, Inc., the...more
[A] sua sponte dismissal of a complaint "is usually reserved for those cases in which the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised."...more
"[A]nticipation by inherent disclosure is appropriate only when the reference discloses prior art that must necessarily include the unstated limitation, [or the reference] cannot inherently anticipate the claims."...more
[Where] the appellant has identified no relationship between the valuation placed on the appeal and the issues the appellant wishes to challenge, the parties have simply placed a "side bet" on the outcome of the appeal, which...more