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Fox Rothschild LLP

Federal Circuit Revamps Obviousness Test for Design Patents

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In a recent en banc panel decision, the U.S. Court of Appeals for the Federal Circuit overruled a decades-old test for obviousness of design patents. Reasoning that the old test was “improperly rigid,” the Federal Circuit...more

McDermott Will & Emery

No Second Bite at the Apple: Injury Must Be Imminent and Non-Speculative to Support Standing

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The US Court of Appeals for the Federal Circuit ruled that a party did not have Article III appellate standing to obtain review of a final ruling of the Patent Trial & Appeal Board because the underlying district court...more

Morrison & Foerster LLP - Federal Circuitry

It’s Two Weeks After Your Argument, And You’ve Heard Nothing. What Does That Mean?

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Since we started this blog, we have taken a look at win-loss percentages a number of times.  Now that we recently updated our statistics, we took another look.  This time we thought we’d add a twist to our calculations by...more

Morrison & Foerster LLP - Federal Circuitry

November Oral Argument Recap

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Thanksgiving has come and gone, and we’ve all hopefully had a chance to ponder what we’re thankful for (including that a wild 2020 is about to close). Next week marks the start of the Federal Circuit’s last oral argument...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Claim Construction Arguments in Appeal Forfeited if Not Raised Before the Board

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In In re: Google Technology Holdings LLC, No. 2019-1828 (Fed. Cir. Nov. 13, 2020), the Federal Circuit elaborated on the policies underlying waiver and forfeiture of appellate arguments.  Ultimately, the court affirmed the...more

Morrison & Foerster LLP - Federal Circuitry

October Oral Argument Recap

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Before October is out the door, we wanted to take a moment to review the Federal Circuit’s sitting earlier this month. Looking at statistics from the October sitting, the same two things we noticed last month stood out to...more

Morrison & Foerster LLP - Federal Circuitry

Who Wins, Who Loses Revisited

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At Federal Circuitry, we frequently update our statistics. We now have almost a year’s worth of data since we started our project of collecting every Federal Circuit decision and collating all of the Court’s substantive...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (September 7-11): Another Arthrex Follow-on

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Maybe it was the end of summer and the start of fall, or the kids (kind of) going back to school. But whatever it was, last week the Court issued only one precedential decision, in a veteran’s benefits case. All said, the...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 24-28): No Judicial Estoppel from Inventorship About-Face

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Last week the summer was winding down and the Federal Circuit was gearing up for its September argument session. But the Court still found time to hand down a number of decisions—17 in total. Below we provide our usual weekly...more

Morrison & Foerster LLP - Federal Circuitry

Observations on Cancelled Argument Cases: Appellees Always Win, Right? (Mostly)

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Next week is Court week. Readers may remember that, after the Court released the September calendar, we predicted that the submission trend would continue. Were we right? Sort of....more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 17-21): Can Patent Owners Set Aside Adverse PTAB Decisions in District Court APA...

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Last week, the Court did not have many precedential decisions as Washington, D.C., COVID-19 or not, was in its usual August slowdown. Unlike the previous two weeks where we touched upon non-patent issues, we return (kind of,...more

Morrison & Foerster LLP - Federal Circuitry

August Oral Argument Recap

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We are two weeks out from arguments in the Federal Circuit’s August sitting, so it is time for our monthly oral argument recap. As it has done for the past several years, the Court heard arguments on only three days in...more

McDonnell Boehnen Hulbert & Berghoff LLP

Uniloc 2017 LLC v. Hulu, LLC (Fed. Cir. 2020)

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Last week, in Uniloc 2017 LLC v. Hulu, LLC, the Federal Circuit ruled that the Patent Trial and Appeal Board may consider patent eligibility under 35 U.S.C. § 101 for substitute claims.  The appeal raises issues of finality...more

Haug Partners LLP

Uniloc v. Hulu - Federal Circuit Clash over Scope of PTAB Review of Substitute Claims

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WHAT DO WE KNOW? 1. On July 22, 2020, a sharply split Federal Circuit panel held that “[t]he PTAB correctly concluded that it is not limited by § 311(b) in its review of proposed substitute claims in an IPR, and that it...more

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