Posts in Federal Circuit Review


Federal Circuit Affirms Dismissal of Patent Challenges Filed by Drug Consumer

AIDS Healthcare Found., Inc. v. Gilead Scis., Inc., the Federal Circuit affirmed the dismissal of patent challenges filed by drug consumers. The Court noted that a declaratory …

Petitioner Has Standing to Appeal PTAB Decision Where Litigation is Inevitable

Altaire filed two complaints against Paragon: (1) alleging a breach of the non-disclosure clause of the Agreement, and (2) seeking declaratory judgment that the ‘623 patent was invalid. Paragon, in …

Patent Venue Statute Does Not Apply to Foreign Corporations Sued for Infringement

The Federal Circuit denied HTC Corp.’s petition for a writ of mandamus seeking dismissal for improper venue... The patent venue statute does not apply to foreign …

Written Description Support for Claimed Range Requires More than Broad Disclosure

Appellant General Hospital Corp. (“GHC”) appealed the Board’s dismissal of an interference because the claims of its involved patent application lacked sufficient written description. The disclosure …

CAFC Affirms Rejection of Application for Incorrect Inventorship

The Federal Circuit recently affirmed a decision of the United States Patent and Trademark Office to reject VerHoef's pending application 13/328,201 for a dog harness under pre-AIA Section 102(…

Inequitable Conduct Renders ’993 Patent Unenforceable

In Energy Heating v. Heat On-The-Fly, the court did not abuse its discretion in finding clear and convincing evidence that the inventor knew that the prior uses …

WesternGeco’s Time-Bar Argument Fails to Save its Invalidated Patents

On appeal, WesternGeco argued 1) the Board erred as to its unpatentability determinations; and 2) the IPR proceedings were time-barred under 35 U.S.C. § 315(b) because ION acted in …

Reexam Claim Construction Thwarts Subsequent Infringement Claim

In 01 Communique Lab v. Citrix Systems, the Federal Circuit rejected Communique’s appeal. The court properly relied on a comparison of the allegedly infringing GoToMyPC product to …

Defendant is Prevailing Party for Awarding Attorney’s Fees if Case Dismissed with Prejudice

If an action is dismissed with prejudice for lack of standing, the defendant will be considered the prevailing party and attorney’s fees can be awarded under 35 …

Unwitnessed E-mails and Drawings Cannot Corroborate Testimony of Conception

Appellee Kamstrup A/S (“Kamstrup”) filed an IPR, and the Board instituted review of the challenged patent. Apator attempted to swear behind a cited prior art reference …

Equitable Estoppel Requires Claim Scope Sufficiently Similar to Earlier Claims

Equitable estoppel does not bar assertion of patent claims later amended by reexamination when those new claims differ in scope from earlier claims in the patent that …

Incorporation By Reference Does Not Establish Priority

In an IPR brought by E*Trade in response to an infringement suit by Droplets, the Board found that the Droplets ‘115 patent was invalid due to obviousness. …

Federal Circuit Allows USPTO to Defend Appeal from Inter Partes Reexamination

In Knowles Elecs. LLC v. Iancu, Knowles appealed the inter partes reexamination decision of the Board, which affirmed an examiner’s finding that certain claims were anticipated …

Conclusory approach to obviousness by PTAB in IPR insufficient to render claims invalid

The Federal Circuit found that the Board failed to provide sufficient explanation for its obviousness finding, instead using a conclusory approach that asked whether the missing limitation …

Federal Circuit applies collateral estoppel where prior IPR previously construed related claim

Collateral estoppel is not limited to identical patent claims or claims within a single patent and may preclude a contradictory construction of a claim term already construed …