Posts in Federal Circuit


Federal Circuit reverses Board on erroneous application of the broadest reasonable interpretation

The Federal Circuit concluded that the Board's construction of the term 'body' was unreasonably broad even given proper usage of the broadest reasonable interpretation claim standard... This …
By Gene Quinn
1 hour ago 2

Federal Circuit Clarifies Standard for Pleading Infringement in Lifetime v. Trim-Lok

Lifetime Industries, Inc. v. Trim-Lok, Inc., 2017-1096, (Fed. Cir. Sept 7, 2017) is an appeal involving a dispute over the correct pleading standard in the context of allegation of …

No Actual Controversy for Foreign Manufacturer for DJ, Even if Product is Manufactured in US

The dispute arose from a Mexican patent infringement suit between Stellar and two of Allied’s Mexican distributors. Allied manufactures the products accused of infringement in the …

Claims can be invalidated for reasons first articulated in rebuttal to a Patent Owner’s arguments in an IPR

Idemitsu Kosan Co. v. SFC Co., the Federal Circuit affirmed the Board’s decision to invalidate as obvious certain patent claims directed to a device that emits …

Federal Circuit Lacked Jurisdiction Over Claims that Assignment Agreement was Invalid

Inselberg and Interactive filed a motion to dismiss Bisignano and First Data’s declaratory judgment claims and state court counterclaims, and moved to remand the action to …

CAFC says Equitable Estoppel Cannot Compel Arbitration in Waymo v. Uber

Uber Technologies, Inc. and Ottomotto LLC (“Uber”), appealed the district court’s order, denying Uber’s motion to compel arbitration of pending litigation with Waymo, LLC (“Waymo”). …

Intervenor Not Entitled to Mandamus Relief on Discovery Dispute in Waymo v. Uber

Waymo, a Google spin-off, sued Uber and Ottomotto for patent infringement and violations of federal and state trade secret laws. Waymo alleged that its former employee, Mr. …

CAFC upholds validity of Intellectual Ventures patents, reverses infringement findings

The Federal Circuit affirmed a district court decision upholding the validity of two patents belonging to Intellectual Ventures (“IV”), but reversed all findings of infringement regarding one …

Federal Circuit strikes down Gilstrap’s four-factor test for patent venue

After briefly parsing the statutory language of §1400(b) critical to the decision the Federal Circuit concluded that Judge Gilstrap's four-factor test was not compliant with the statutory …
By Gene Quinn
5 days ago 28

Federal Circuit Upholds the Board’s Invalidation of Southwire Patent

The Court found that the Board did not provide an adequate explanation for finding that the “30%” limitation was inherent in the reference, as a predicate for its …

Federal Circuit Reverses and Remands Dismissal of Direct and Indirect Infringement Claims

A party need not prove its infringement case with detailed facts at the pleadings stage. For direct infringement, it is sufficient to identify where the alleged infringement …

Federal Circuit says Secondary Considerations Not Part of Prima Facie Obviousness Analysis

Objective indicia must be evaluated before drawing an ultimate conclusion on obviousness, but are not necessarily part of a prima facie “motivation-to-combine” analysis. To prove inequitable conduct …

Crossing the Chasm: Avoiding and Surviving the PTAB

In 2012, the American Invents Act established three new administrative procedures: post grant review (PGR), inter-partes review (IPR), and covered business method patent (CBM) review. In each of …

A review of enhanced damages since Halo: Minimizing potential exposure to enhanced damages

Since the Supreme Court’s decision in Halo, there have been approximately 100 cases analyzing whether the adjudged infringer acted egregiously/willfully en route to a determination of …
By Theodore Chiacchio
12 days ago 0

CAFC Vacates and Remands Inconsistent Rulings by the Board on Validity of two SynQor Patents

The Board failed to address all grounds for proposed rejections under the APA by ignoring certain arguments made by Vicor during the reexamination. Additionally, the Board failed …