Posts in Federal Circuit


The PTAB Killing Fields: VirnetX patents worth more than $1 billion in district court lost at PTAB

So obviously the patent claims VirnetX has used to pursue infringers such as Apple and Microsoft are not the weak patents that opponents of the patent system …

Prepare for More Estoppel if the Supreme Court Reverses Federal Circuit on Partial IPR Institutions

Partial institutions lessen the value of estoppel because the petitioner avoids estoppel on claims that were challenged but not instituted. The PTAB never issues a final written …
By Jason German & Wayne Stacy
3 days ago 1

Federal Circuit says Cleveland Clinic Diagnostic Patents Ineligible Under § 101

The Cleveland Clinic’s diagnostic or “testing” patents at issue dealt with a process by which an enzyme was measured and correlated against known levels of the …

CAFC Affirms Board’s Claim Construction and Holds Waterproofing Patent Invalid

Outdry appealed from a Board determination that its patent directed to waterproofing leather was invalid as obvious in an inter partes review (IPR) proceeding. Outdry challenged the …

Specific Personal Jurisdiction Requires ‘Substantial’ not ‘Attenuated’ Forum Contacts

NexLearn sued Allen in district court, alleging patent infringement and breach of contract, based on a nondisclosure agreement (NDA) that allowed Allen to use a trial version …

Broad List of References by PTAB Not Adequate Notice of Specific Combinations of Prior Art

The Court warned that by holding that EmeraChem did not have adequate notice or opportunity to respond, it was not holding that the Board is constricted in …

Where is the Federal Circuit on Aqua Products?

More than six months have passed since the en banc rehearing in Aqua Products without a decision from the Federal Circuit. It could be an indication that …

Use of ‘Means’ with term that Designates Structure Does Not Invoke § 112 ¶ 6

MindGeek and Playboy filed an IPR petition. The Board determined that § 112 ¶ 6 did not apply because “‘wireless device means’ is not purely functional language, but rather is language …

CAFC: Exclusive license must include provisions establishing minimum contacts for personal jurisdiction

In New World International v. Ford Global Techs, FGTL sued New World for patent infringement in Michigan. New World countersued in Texas, seeking a declaratory judgment that …

Federal Circuit Affirms Service Mark is Owned by Group, Not by Departing Group Member

In Lyons v. American College of Veterinary Sports Medicine the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (“Board”) cancellation of Sheila Lyons’s registration …

Federal Circuit Affirms CBM Unpatentability Holding; Finding Estoppel Did Not Apply

In Credit Acceptance Corp. v. Westlake Servs. the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board (“Board”) in a Covered Business Method (“CBM”) …

SCOTUS says OK to give notice of commercial marketing before FDA license under Biologics Price Competition and Innovation Act

42 U.S.C. § 262(l) of the Biologics Price Competition and Innovation Act of 2009 (BPCIA) regulates “biosimilars,” biological products that are highly similar to FDA-approved biological products. Section 262(…

AIA Did Not Alter Reviewability Bar of District Court Remand Decisions Under §1447(d)

The district court determined that it lacked subject matter jurisdiction because Preston’s state-law claims did not arise under federal law and Nagel’s patent counterclaims did …

Federal Circuit Reverses and Remands District Court’s Refusal to Award Attorney Fees

Rothschild sued ADS for patent infringement of Rothschild’s patent related to a home security system. The district court granted Rothschild’s motion to dismiss and denied …

Federal Circuit Reverses Grant of Attorney Fees; Case Not Exceptional Under 35 U.S.C. § 285

In the Federal Circuit case of Checkpoint Systems v. All-Tag Sec, The Federal Circuit held that the district court erred in finding this case exceptional under 35 U.…