Posts filtered by tags: Federal Circuit[x]
United States: PTAB's Decision To Institute CBM Review Not Reviewable By Federal Circuit - Winston & Strawn LLP8h ago ( January 15, 2021 at 4:07 AM ) The Federal Circuit considered two questions: 1) whether the Patent Trial and Appeal Board's decision that a patent qualified for covered business method (CBM) review was reviewable on...Tags: News, United States, Federal Circuit, Patent Trial and Appeal Board, CBM, Strawn LLP 19 people like this. Like United States: Looking Ahead To Avoid Spoliation Sanctions - Pearl Cohen Zedek Latzer Baratz9h ago ( January 15, 2021 at 3:29 AM ) A recent Federal Circuit decision denying a petition for a writ of mandamus should serve as a cautionary tale and reminder for corporate entities regarding ...Tags: News, United States, Federal Circuit, Cohen Zedek Latzer Baratz 21 people like this. Like Federal Circuit Continues to Remain Silent about its R.36 Opinions23h ago ( January 14, 2021 at 1:18 PM )  Tags: Law, Uspto, Patent, PTO, Trademark Office, Federal Circuit, IPR, PTAB, Iancu Fed, Federal Circuit Local Rule, Federal Circuit Continues to Remain Silent, Waterblasting LLC, Trademark Office Upon, Waterblasting, Iancu Petition 59 people like this. Like Boom! You Can’t Patent an Escrow MethodJanuary 13, 2021 at 5:14 PM  Tags: Supreme Court, Law, Patent, Alice, Fed, PTO, Federal Circuit, Alice Mayo, Bogaard, Boom Payments Inc, Stripe Inc Fed 86 people like this. Like Conventionality is Irrelevant to Alice Step 1January 13, 2021 at 11:21 AM  Tags: Law, Nintendo, Mario Kart, Patent, Federal Circuit, IPR, Dennis Crouch, Alice Mayo, Alice Step, iLife Technologies Inc, Nintendo of America Inc Fed, Michael Wilson Munck Wilson Mandala, Stephen Smith Cooley 131 people like this. Like United States: Federal Circuit Finds Preamble Limiting When It Supplies The Claim's Structure - Finnegan, Henderson, Farabow, Garrett & Dunner, LLPJanuary 13, 2021 at 3:13 AM In SIMO Holdings Inc., v. Hong Kong uCloudlink Network Technology LTD, No. 19-2411 (Fed. Cir. Jan. 5, 2021),...Tags: News, United States, Federal Circuit, Finnegan Henderson Farabow Garrett, Dunner LLP, SIMO Holdings Inc, Hong Kong uCloudlink Network Technology LTD 25 people like this. Like United States: Product-by-Process Anticipation Analyses Apply To Product-by-Process Limitations Nested Within Method-of-Treatment Claims - Winston & Strawn LLPJanuary 12, 2021 at 4:51 AM In reversing a district court's judgment as a matter of law (JMOL) of no anticipation, the Federal Circuit clarified that a method-of-treatment claim reciting a product-by-process...Tags: News, United States, Federal Circuit, Strawn LLP 47 people like this. Like Next Steps in Eligibility.January 11, 2021 at 10:47 PM Two competing patent eligibility petitions have been filed with the Supreme Court. In American Axle, the patentee argues that the Federal Circuit has gone too-far in finding its claimed method of manufacturing a frequency-tuned vehicle drive-shaft to be directed to a natural law (namely Hooke’s law). In Ariosa Diagnostics, the petition goes the other way and argues that the Federal Circuit has unduly narrowed its conception of a product-of-nature under Myriad. It would be interesting for the ...Tags: Supreme Court, Law, Patent, Illumina Inc, Federal Circuit, Ariosa Diagnostics Inc, Hooke, Neapco Holdings LLC, American Axle Manufacturing Inc, Ariosa Diagnostics, Supreme Court In American Axle 42 people like this. Like Supreme Court will hear Assignor Estoppel CaseJanuary 10, 2021 at 10:31 AM Minerva Surgical Inc. v. Hologic Inc. (Supreme Court 2021)
The Supreme Court has granted certiorari in this case involving the traditional doctrine of assignor estoppel.
Question Presented by Minerva: The question is whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits.
Question Presented by Hologic: The question presented is whether the longstanding common-law doctrine ...Tags: Supreme Court, Law, Patent, PTO, Lear, Federal Circuit, Adkins, Stoll, Hologic, Lemley, Minerva Surgical Inc, Hologic Inc Supreme Court, Licensee Estoppel Licensee, Assignor Estoppel See e g Coastal Dynamics Corp, SymbolicDisplays Inc 34 people like this. Like United States: Latest Federal Court Cases,12/14/20 - Schwabe Williamson & WyattJanuary 7, 2021 at 12:48 AM In the only precedential patent opinion issued this week, the Federal Circuit determined multiple issues in cross-appeals from the district court's disposition ...Tags: News, United States, Federal Circuit, Wyatt, Schwabe Williamson, Latest Federal Court Cases 19 people like this. Like Moot on Appeal: Patentee’s Infringement Disclaimer Remove’s Challenger’s Ability to Appeal IPRJanuary 6, 2021 at 8:23 PM ABS Global, Inc. v. Cytonome/ST, LLC (Fed. Cir. 2021).
In a split opinion, the Federal Circuit has dismissed ABS Global’s appeal of its failed IPR trial — finding the appeal moot. U.S. Patent No. 8,529,161.
The simple story here is that Cytonome sued ABS for infringement of the ‘161 patent but lost on summary judgment of non-infringement. ABS did not pursue an appeal, and expressly “disclaim[ed] such an appeal.”
Meanwhile ABS had filed an Inter Partes Review proceeding that resulted in most of ...Tags: Supreme Court, Law, Patent, Kessler, Board, Abs, Inter Partes Review, Global Inc, Federal Circuit, Prost, IPR, PTAB, Cytonome ST LLC Fed, ABS Global, Cytonome, Federal Circuit Appellant 30 people like this. Like United States: Divided Federal Circuit Reverses Another Convenience Transfer Denial By Judge Albright - RPX CorporationJanuary 5, 2021 at 9:00 AM The Federal Circuit has again overturned the denial of a convenience transfer motion by District Judge Alan D. Albright of the Western District of Texas. On November 9, a majority of the court...Tags: News, United States, Albright, Federal Circuit, Western District of Texas, RPX Corporation, Alan D Albright 21 people like this. Like UPDATED: Must a Plaintiff Investigate a Patent’s Validity Prior to Suing for Infringement?January 4, 2021 at 7:49 PM Updated below to correct an error in my original analysis. -DC
WPEM LLC v. SOTI Inc. (Fed. Cir. 2021)
WPEM sued SOTI for patent infringement based upon its mobile-device software management “Speed Lockdown” tool. The complaint cites MobiControl Version 11 as infringing. In its answer, SOTI responded with information from its Version 10, which predates the asserted patent as well as other prior art references. Settlement discussions ensued:
Offer 1: P offers to settle for $429k; D says “no, t...Tags: Law, Court, United States, Patent, District Court, Federal Circuit, Soti, Fed Cir, WPEM LLC, SOTI Inc Fed, WPEM, SOTI Inc, Accused Technology, Bill Ramey, Robert Greeson, DC WPEM LLC Must a Plaintiff Investigate a Patent’s Validity Prior to Suing for Infringement?January 4, 2021 at 7:49 PM WPEM LLC v. SOTI Inc. (Fed. Cir. 2021)
WPEM sued SOTI for patent infringement based upon its mobile-device software management “Speed Lockdown” tool. The complaint cites MobiControl Version 11 as infringing. In its answer, SOTI responded with information from its Version 10, which predates the asserted patent as well as other prior art references. Settlement discussions ensued:
Offer 1: P offers to settle for $429k; D says “no, the patent is invalid.”
Offer 2: P offers to settle for $150k; ...Tags: Law, Court, United States, Patent, District Court, Federal Circuit, Soti, Fed Cir, WPEM LLC, SOTI Inc Fed, WPEM, SOTI Inc, Accused Technology, Bill Ramey, Robert Greeson 21 people like this. Like Federal Circuit Statistics – 2020 editionJanuary 4, 2021 at 5:07 PM  Tags: Law, Uspto, Patent, Federal Circuit, Jason Rantanen, Federal Circuit Decisions, Compendium of Federal Circuit Decisions, Federal Circuit Statistics, Lindsay Kriz 89 people like this. Like Toothbrush walks into a barDecember 31, 2020 at 10:10 AM  Tags: Law, Toothbrush, Patent, Federal Circuit, Dennis Crouch, Maxill, Loops, Maxill Inc, Loops LLC Fed, William Addis 88 people like this. Like Federal Circuit: User Experience is not Computer FunctionalityDecember 29, 2020 at 1:55 PM  Tags: Law, Patent, LLC, Federal Circuit, Stoll, Prost, Clevenger, Alice Step, Dennis Crouch Simio, FlexSim Software Fed, Simio, Dennis Pegden, Rockwell Later, FlexSim 125 people like this. Like Consolidated Appropriations Act of 2021December 28, 2020 at 9:51 AM The huge appropriations bill includes a few IP gems: [LINK]
Appropriation: $3.6 billion to USPTO. All money must com from PTO fees. The Copyright Office is appropriated $93 million; ICE has $15 million for IP border enforcement; The Federal Circuit receives $33 million. (I believe this is in addition to the judicial salaries of $229k for 2020).
Illicit digital transmission: Big new copyright protections against streamers with felony penalties.
CASE Act of 2020: Small-claims copyright court....Tags: Supreme Court, Law, Ebay, Patent, Copyright Office, PTO, Federal Circuit 33 people like this. Like United States: December 2020 - Last Month At The Federal Circuit Podcast Series - Finnegan, Henderson, Farabow, Garrett & Dunner, LLPDecember 23, 2020 at 10:04 PM Welcome to the Last Month at the Federal Circuit – a look at recent Federal Circuit decisions impacting the intellectual property community.Tags: News, United States, Federal Circuit, Finnegan Henderson Farabow Garrett, Dunner LLP 7 people like this. Like United States: Last Week In The Federal Circuit (December 14-18): And/or Confusion - Morrison & Foerster LLPDecember 23, 2020 at 12:38 AM Last week, we got what may be the last big batch of Federal Circuit opinions of 2020. (In 2019, only six more opinions issued between this time and the end of the year.)Tags: News, United States, Morrison, Federal Circuit, Foerster LLP 37 people like this. Like Government Contracts and Ownership of Technical DataDecember 22, 2020 at 11:53 AM  Tags: Law, US, Boeing, Patent, Board, Federal Circuit, Boeing Company, Dennis Crouch, Armed Services Board of Contract Appeals ASBCA, Federal Circuit On, Air Force Fed 86 people like this. Like United States: Federal Circuit Compels Transfer Of Ownership Of Japanese Patent Applications - Finnegan, Henderson, Farabow, Garrett & Dunner, LLPDecember 22, 2020 at 12:06 AM In SiOnyx LLC v. Hamamatsu Photonics K.K., Nos. 2019-2359, 2020-1217 (Fed. Cir. Dec. 7, 2020), the Federal Circuit reversed the district court's denial ...Tags: News, United States, Federal Circuit, Fed Cir, Finnegan Henderson Farabow Garrett, Dunner LLP, SiOnyx LLC, Hamamatsu Photonics 14 people like this. Like Doctrine of Equivalents in Lilly v. ApotexDecember 21, 2020 at 1:16 PM  Tags: Law, Patent, Robert, Matthews, Lilly, Federal Circuit, Eli Lilly and Co, Eli Lilly Co, Apotex, Alimta, Apotex Inc Fed 96 people like this. Like What is an Article of Manufacture for Design Patent Law?December 18, 2020 at 2:48 PM USPTO is seeking public comment on the meaning of an “article of manufacture” as used in 35 U.S.C. 171(a):
Whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.
The Federal Circuit’s recent decision in Curver Luxembourg refocused attention on the importance of the particular article of manufacture in the design patenting process. That case reiterated the point that design pat...Tags: Law, Uspto, Patent, Fed, Federal Circuit, Curver Luxembourg SARL, Home Expressions Inc, Curver Luxembourg, Curver 24 people like this. Like Pre-AIA 102: Meaning of On Sale “in This Country”December 18, 2020 at 1:58 PM  Tags: Law, US, America, Eu, United States, Italy, Itc, AIA, Patent, Caterpillar, Federal Circuit, Dennis Crouch, Invoice, International Trade Commission ITC, Wirtgen, ITC Wirtgen Fed 136 people like this. Like United States: We Updated Our Stats And Looked At The Timing Of Appeals - Morrison & Foerster LLPDecember 17, 2020 at 3:40 AM We updated our stats, so we now have over a year of data since we started collecting data from every Federal Circuit decision.Tags: News, United States, Federal Circuit, Foerster LLP, Timing Of Appeals Morrison 16 people like this. Like United States: SiOnyx LLC Et Al. V. Hamamatsu Photonics K.K. Et Al., Appeal Nos. 2019-2359, -1217 (Fed. Cir. Dec. 7, 2020) - Schwabe Williamson & WyattDecember 16, 2020 at 10:50 PM In the only precedential patent opinion issued this week, the Federal Circuit determined multiple issues in cross-appeals from the district court's disposition of post-trial motions following a juryTags: News, United States, Federal Circuit, Wyatt, Fed Cir, Schwabe Williamson 21 people like this. Like Finjan’s Claims in IPRDecember 16, 2020 at 12:10 PM Palo Alto Networks, Inc. v. Finjan, Inc. (Fed. Cir. 2020)
Note – I originally misread this decision as applying the Phillips standard for claim construction. On review, I realize that I misread the decision. The court explains:
For petitions for inter partes review filed on or after November 13, 2018, the Board applies the Phillips district court claim construction standard. 37 C.F.R. § 42.100(b) (2018); Phillips v. AWH Corp. , 415 F.3d 1303 (Fed. Cir. 2005) (en banc); Immunex Corp. v. Sanof...Tags: Supreme Court, Law, US, Palo Alto, Patent, Sas, Fed, Board, Phillips, Sanofi, Federal Circuit, IPR, Palo Alto Networks Inc, Immunex Corp, Finjan, AWH Corp 4 people like this. Like United States: Contractors Should Not Leave Money On The Table: The Federal Circuit Clears The Way For Boeing To Use The Tucker Act To Sue DoD For "Illegal Exaction" In Connection With Contract Costs - StinsonDecember 16, 2020 at 6:31 AM In these unprecedented, economically-challenging times for the aviation industry, it is especially important that airlines...Tags: News, United States, Boeing, Federal Circuit, Stinson 46 people like this. Like Some pending en banc petitions before the Federal CircuitDecember 15, 2020 at 3:21 PM In re Apple (level deference given on mandamus review of discretionary transfer decisions). [Uniloc Brief][Crouch’s prior post]
Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals, Inc. (Proper venue for ANDA filing — what counts as having “has committed acts of infringement”). [ValeantANDAVenue][Crouch’s prior post]
C R Bard Inc. v. AngioDynamics, Inc. (printed matter and eligibility). [BardPrintedMatter][Crouch’s prior post]
EcoServices, LLC v. Certified Aviation Services, LLC ...Tags: Law, Patent, Federal Circuit, C R Bard Inc, Crouch, Teva Pharmaceuticals USA Inc, AngioDynamics Inc, ANDA, Mylan Pharmaceuticals Inc, GlaxoSmithKline LLC, Valeant Pharmaceuticals North America LLC, EcoServices LLC, Certified Aviation Services LLC, Prior Post 36 people like this. Like |
