Posts in Federal Circuit


Mylan’s Preliminary Injunction Against Aurobindo Affirmed

The Eastern District of Texas granted a preliminary injunction against Aurobindo in favor of Mylan in the case of Mylan Institutional LLC v. Aurobindo Pharma Ltd. On …

Federal Circuit Ends Ping-Pong with District Court, Affirming Summary Judgment

This marks the third return to the Federal Circuit of a dispute (the 050 case) between the ArcelorMittal Appellants and the AK Steel Appellees... Overall, the Federal Circuit …

Supreme Court Reverses Federal Circuit on Venue for Patent Infringement Suits

In the U.S. Supreme Court case of TC Heartland LLC v. Kraft Foods Grp. Brands LLC, venue in patent infringement cases are governed by 28 U.S.…

Alice Who? Over Half the U.S. Utility Patents Issued Annually are Software Related!

I have always argued that software patent eligibility is a must in a country where patent rights are guaranteed by the Constitution. That is, all fields of …
By Raymond Millien
6 days ago 12

Cisco Successfully Invalidates Patent for Lack of Written Description

Cisco challenged Cirrex’s patent via inter partes reexamination, asserting a lack of written description. The Board affirmed the Examiner’s findings, that the patent, as amended, …

PTAB Reversed for Failing to Explain the Basis for its Obviousness Decision

The Federal Circuit vacated and remanded the PTAB's decision in an inter partes review proceeding, finding the Board did not set forth its reasoning for finding the …

Federal Circuit Refuses to Overturn District Court’s Award of Attorney Fees to Dow

The Court disagreed that the district court’s sole basis for finding exceptional circumstances was that NOVA filed an action in equity. The Court noted that the …

Statements Made by Patent Owner During IPR Can Support Finding of Prosecution Disclaimer

In the case of Aylus Networks, Inc. v. Apple Inc., the Federal Circuit affirmed the district court’s finding of summary judgment for Apple Inc. (“Apple”). The …

Past as Prologue: Is there Hope for America’s Patent System?

We need to remember that we’ve seen America's patent system in near complete collapse before. In the 1960s and 1970s the Supreme Court never saw a …
By Gene Quinn
10 days ago 14

PwC patent litigation study shows recent drop in lawsuits despite increasing patent grants

About 5,100 patent infringement cases were filed in the U.S. during 2016, according to the PwC litigation study. This represents a 9 percent drop in lawsuits from 2015’s totals …
By Steve Brachmann
11 days ago 2

Federal Circuit holds that due process is not violated when PTAB employs ‘surprise’ claim construction

The U.S. Court of Appeals for the Federal Circuit issued a non-precedential decision in Intellectual Ventures II, LLC v. Ericsson, Inc. (2016-1739, 2016-1740, 2016-1741) directed to …
By John M. Rogitz
11 days ago 3

Federal Circuit demonstrates that even when you win at IPR you can still lose

In a rare IPR affirming patentability, the Patent Trial and Appeal Board (the “Board”) found claims of US Patent No. 6,945,013 to be patentable that were directed to …
By John M. Rogitz
12 days ago 1

En Banc Federal Circuit Dodges PTAB Constitutionality

Patlex, which dealt with reexamination of applications by an examiner — not by an Article I tribunal — could be considered a next step beyond McCormick. MCM, however, simply …
By Gene Quinn
13 days ago 38

A Joint Stipulation of Dismissal Does Not Trigger Reexamination Estoppel Under Pre-AIA Section 317(b)

Appellant Affinity Labs of Texas, LLC (“Affinity”) appealed from the inter partes reexamination of its patent filed by Apple Inc. (“Apple”). Apple requested reexamination after Affinity asserted …

Affinity Labs of Texas Loses Reexamination Appeal; Reexamination Estoppel Does Not Apply

The Federal Circuit affirmed a Patent Trial and Appeal Board (“Board”) decision to uphold the unpatentability of several claims of a patent owned by Affinity Labs of …