Posts Tagged: CAFC


CAFC: District Court did not abuse discretion to allow new 101 defense after Alice

The plaintiff moved to strike the re-asserted invalidity defense under §101 as not made with good cause and as unfairly prejudicial. The defendant argued that the change was …

Federal Circuit Denies Patent Term Adjustment for Erroneous Restriction Requirement

Pfizer argued that the original restriction requirement, because it was incomplete, created a delay by failing to provide Pfizer with adequate notice of the basis for rejecting …

A District Court May Enhance Lodestar Attorneys Fee Award Only For Relevant Reasons

The Federal Circuit held that the district court failed to provide a proper justification for enhancing the amount by a multiplier of two. The basis for this …

Statute Barring Registration of Disparaging Trademarks Upended

Tam appealed to the Trademark Trial and Appeal Board (the “Board”), but the Board affirmed the Trademark Examiner’s refusal to register the mark. The Board found …

CAFC: Obvious even if it meant foregoing benefits of prior art

The Court affirmed the obviousness rejection. “As the Board properly found, one of ordinary skill would have been motivated to pursue the desirable properties taught by Wong […

Federal Circuit Reverses District Court on Direct and Induced Infringement

The Court agreed, noting testimony from Cisco’s engineer who stated that the system needed only one copy of the protocol to support all devices. Commil’s …

Printed Matter Doctrine Implicates Matter That Is Claimed for What it Communicates

The Court held that printed matter must be claimed for what it communicates, and it is only afforded patentable weight if the claimed informational content has a …

Federal Circuit says same PTAB panel can decide both IPR institution and merits

The Federal Circuit, in an opinion by Judge Dyk who was joined by Judge Taranto, first held that 35 U.S.C. § 314(d) did not preclude the Court …
By Gene Quinn 27 days ago 5

Wi-LAN suffers Federal Circuit defeat to Apple in patent dispute

Wi-LAN argued that even if they could not prove direct infringement, a structure that performs the steps in the reverse order should properly be found to infringe …
By Gene Quinn 29 days ago 5

Timely filed supplemental information does not need to be considered by PTAB in IPR

The PTAB refused entry of the supplemental information because Redline did nothing to justify submitting it after filing the initial IPR petition and even after the institution …
By Gene Quinn 1 month ago 0

McRo decision expected to clarify abstract idea doctrine under Alice

A case currently pending before the Federal Circuit is anticipated to provide greater guidance into the answer to this question, namely, how district courts should determine whether …
By Zachary Silbersher 1 month ago 42

Patent and Trade Secret Wishes for 2016

This year our panel has a diverse variety of wishes. We see the usual wishes relating to patent eligibility and the abstract idea exception, with a reference …
By Gene Quinn 1 month ago 4