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Mootness Appeals Patent-Eligible Subject Matter

Akin Gump Strauss Hauer & Feld LLP

Merger of District Court Dismissals Torpedoes Appeal from PTAB Decision at Federal Circuit

The Federal Circuit dismissed an appeal of a final written decision in an IPR based on issue preclusion where a district court had dismissed a complaint finding the patent claims subject-matter ineligible. The patentee had...more

Jones Day

Federal Circuit Dismisses Appeals As Moot

Jones Day on

Koss filed a patent infringement suit against Bose asserting the ’155, ’934, and ’025 patents, after which Bose petitioned for inter partes review of all three patents before the PTAB. The district court case was stayed...more

McDermott Will & Emery

Disclaiming Claim Scope: Could the Patentee Have Anticipated This?

In the most recent decision in the Apple/VirnetX saga, the US Court of Appeals for the Federal Circuit affirmed a remand ruling from the Patent Trial & Appeal Board finding the challenged claims of VirnetX’s patents...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2019 #2

PATENT CASE OF THE WEEK - Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, Appeal No. 2017-2508 (Fed. Cir. Feb. 6, 2019) In an appeal from an order of the United States District Court for the District of...more

Knobbe Martens

Software Patent Eligibility: Preemption Gets Starring Role at the Federal Circuit

Knobbe Martens on

The Supreme Court decision Alice Corp. v. CLS Bank, 134 S. Ct. 2347 (2014) pronounced, in no uncertain terms, preemption “drives” patent subject matter eligibility and its exceptions. But after Alice, it appeared preemption’s...more

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