Posts in Federal Circuit


Federal Circuit affirms PTAB decision to invalidate MPHJ patent

The Federal Circuit upheld the decision of the Patent Trial and Appeal Board (“Board”), on Inter Partes Review, to invalidate as anticipated or obvious all claims of …

Jury hits Google with $20 million verdict in patent infringement case targeting Chrome web browsers

In a patent suit targeting Chrome web browsers, Google was hit with a $20 million jury verdict for infringing patents covering malware protection software... Google was hit with …
By Steve Brachmann
6 days ago 34

Other Barks & Bites for Wednesday, February 15th, 2017

On the menu this week for Other Barks & Bites... Video game systems developed by Nintendo and Sony are targeted in a patent infringement suit filed in Delaware …
By Steve Brachmann
7 days ago 2

Does the Federal Circuit’s use of Rule 36 call into question integrity of the judicial process?

The Federal Circuit is using Rule 36 as a docket management tool, which allows the real problems facing the patent system to fester like an open wound. Between …
By Gene Quinn & Peter Harter
8 days ago 2

Federal Circuit remands Apple v. Samsung design patent case to Judge Koh in Northern California

Apple requested that the Federal Circuit keep the case and the panel review the decision in light of the Supreme Court's ruling, while Samsung requested that the …
By Gene Quinn
13 days ago 7

Other Barks & Bites for Wednesday, February 8th, 2017

Kylie Minogue reports victory in a trademark opposition filed against Kylie Jenner, but the electronic records of the U.S. Patent and Trademark Office are cause for …
By Steve Brachmann
14 days ago 1

Derivation requires showing conception and communication of idea from claimed invention, not an obvious variant

Mylan had to show by clear and convincing evidence that the idea for the ’445 patent claim was conceived by someone at the FDA and communicated to Mr. …

The Federal Circuit Affirms District Court’s Grant of Preliminary Injunction

Practitioners dealing with a magistrate judge’s report and recommendation should be sure to preserve objections for appeal, since failing to object may lead to a more …

Michelle Lee’s views on patent quality out of touch with reality facing patent applicants

In the piece, Lee tries her best to assure readers that positive developments have been made at the USPTO in recent years, but at multiple points she …

Giles Sutherland Rich: The patent legacy that started with a failed eye exam

One summer night in 1926, while staying at the Willard Hotel, Giles Sutherland Rich made a decision that set in motion a chain of events that account for …
By John Witherspoon
26 days ago 22

Other Barks & Bites for Wednesday, January 25th, 2017

On the menu this week for Other Barks & Bites, the Supreme Court hears oral arguments in a case challenging the Lanham Act’s disparagement provision, a six-figure …
By Steve Brachmann
28 days ago 1

Ex parte Itagaki: Has the PTAB gone too far in invalidating patents under 35 USC 101

When addressing the issue of generality vs. particularity, we come across a situation where the inventors described the most crucial aspect of the invention, the classification unit, …

Teva Liable for Induced Infringement of Eli Lilly’s Lung Cancer Drug ALIMTA

The Federal Circuit’s decision in Akamai V broadened the circumstances in which the actions of others may be attributed to a single actor to support liability …

CAFC finds graphical user interface patent claims eligible, CBM decision still pending

The Federal Circuit has found claims to a graphical user interface (GUI) patent to be patent eligible. See Trading Technologies International, Inc. v. CQG, Inc. The decision …
By Gene Quinn
1 month ago 18

Other Barks & Bites for Wednesday, January 18th, 2017

This week’s news headlines include nomination hearings for the potential incoming U.S. Commerce Secretary, the Supreme Court’s granting certiorari for an important case in …
By Steve Brachmann
1 month ago 3