The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
(Podcast) The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Eighth Circuit Reverses Dismissal of Putative Class Claims
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Class Action Suit Against Instagram for New Terms of Service Dismissed
Beteiro, LLC v. Draftkings Inc., Appeal Nos. 2022-2275, -2277, -2278, -2279, -2281, 2283 (Fed. Cir. June 21, 2024) In its only precedential patent opinion this week, the Federal Circuit affirmed the Rule 12(b)(6)...more
Lite-Netics, LLC v. Nu Tsai Capital LLC, Appeal No. 2023-1146 (Fed. Cir. Feb. 17, 2023) In an appeal from the U.S. District Court for the District of Nebraska, the Federal Circuit addressed whether the district court...more
CareDx, Inc. v. Natera, Inc., Appeal Nos. 2022-1027, -1028 (Fed. Cir. July 18, 2022) - In its only precedential patent opinion this week, the Federal Circuit held patents directed to the detection of organ transplant...more
In re: Volkswagen Group of America, Inc. and In re: Hyundai Motor America, Appeal Nos. 2022-108, -109 (Fed. Cir. Mar. 9, 2022) - In the most recent of multiple mandamus rulings issued by the Federal Circuit in relation to...more
A recent decision by the U.S. Court of Appeals for the Federal Circuit highlights the importance of describing any improvements to technology in the specification. In the case of Whitserve LLC v. Dropbox, Inc., WhitServe...more
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
On May 15, 2020, Manson J. of the Federal Court dismissed two actions brought by Biogen under the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) alleging infringement of Patent No. 2,562,277 (277...more
There are (at least) two ways of looking at the course of the Federal Circuit's evolving interpretation of the Supreme Court's subject matter eligibility jurisprudence under Mayo Collaborative Services v. Prometheus Labs.,...more
In Illumina, Inc. v. Ariosa Diagnositcs, Inc., (Fed. Cir. Slip Op. 2019-1419, March 17, 2020) the Federal Circuit held that process claims that exploit the discovered size differences between fetal and maternal DNA in serum...more
The automatic tagging of a photograph with photographer, location, date and time is not patent eligible subject matter, according to a recent decision from the U.S. District Court for the Northern District of California. In...more
We wanted to bring to your attention a recent case out of the Federal Circuit: Customedia v. Dish. This case focused on patent-eligibility and computer software claims... ...more
Over the past year, Pebble Tide LLC has asserted its two patents against an array of companies – from banks and insurance companies to entertainment conglomerates – alleging that the defendants infringe patents related to...more
Claims Directed to Capture and Output of Digital Content Held Patent Ineligible - A few weeks ago, the U.S. District Court for the District of Delaware granted Defendants' Rule 12 motions in three different cases, each...more
Plaintiff brought suit in the U.S. District Court for the Central District of California for alleged infringement of U.S. Patent No. 8,548,902, which related to online loan origination services. The defendant moved for...more
State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more
PTP OneClick asserted its ’915 patent against Avalara in the Western District of Washington; the court quickly dismissed those claims and held that the asserted claims were directed to “the abstract concept of calculating and...more
PATENT CASE OF THE WEEK - Celgene Corporation v. Laura A. Peter, Appeal Nos. 2018-1167, -1168, -1169, -1171 (Fed. Cir. July 30, 2019) - In this week’s Case of the Week, the Federal Circuit held that the retroactive...more
PATENT CASE OF THE WEEK - Elbit Systems Land and C4I Ltd. v. Hughes Network Systems, LLC, Appeal No. 2018-1910 (Fed. Cir. June 25, 2019) - In this appeal from the United States District Court for the Eastern District of...more
• In a precedential opinion in Cellspin Soft, Inc. v. Fitbit, Inc., et al., the U.S. Court of Appeals for the Federal Circuit vacated both the U.S. District Court for the Northern District of California's Section 101...more
Addressing the various factors a court may consider in order to determine whether a claim is “directed to” an abstract idea, the US Court of Appeals for the Federal Circuit upheld the district court’s dismissal of all claims...more
Federal Circuit Determines Time-Barred Petitioner Joined to an IPR Has Appellate Standing - In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal Circuit held that a...more
In Athena Diagnostics Inc. v. Mayo Collaborative Services, LLC, the Federal Circuit has once again held that claims directed to a diagnostic method are invalid under 35 U.S.C. § 101 for being directed to ineligible subject...more
Affirming dismissal of a patent infringement lawsuit on § 101 eligibility grounds, the US Court of Appeals for the Federal Circuit found that a patent holder bringing an infringement action waives sovereign immunity against...more
University of Florida Research Foundation, Inc. v. General Electric Company, Appeal No. 2018-1284 (Fed. Cir. Feb. 26, 2019) - The Court this week affirmed the Rule 12(b)(6) dismissal of an infringement lawsuit, finding...more
In a post-Mayo v. Prometheus opinion addressing the subject matter eligibility of diagnostic methods based on underlying natural laws, the US Court of Appeals for the Federal Circuit affirmed the district court’s conclusion...more