Posts Tagged: CAFC


SCOTUS reverses Federal Circuit in TC Heartland, Patent Venue in State of Incorporation

The Supreme Court reversed the Federal Circuit and ruled that 28 U.S.C. 1400(b) remains the only applicable patent venue statute, that 28 U.S.C. 1391(c) did …
By Gene Quinn
8 days ago 25

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
9 days ago 12

CAFC may consider whether an inter partes reexamination was properly instituted based on the presence or withdrawal of a party

In re AT&T Intellectual Prop. II, L.P., Appellant AT&T Intellectual Property II, L.P. (“AT&T”) appealed from a final decision of the Patent …

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 …

It is time to define the term ‘Abstract Idea’

The industry is collapsing all because no one in a black robe has the guts to define the critical term that is the core of a test …
By Gene Quinn
12 days ago 28

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
13 days ago 14

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The U.S. Court of Appeals for the Federal Circuit issued a non-precedential decision in Intellectual Ventures II, LLC v. Ericsson, Inc. (2016-1739, 2016-1740, 2016-1741) directed to …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
14 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
15 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
16 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 …

Through the Looking Glass: Recent Federal Circuit Decisions Do Not Change the Need for Action on Alice

The few CAFC cases (since Alice) that have found inventions to be subject matter eligible is certainly a welcome development. These cases indicate that the CAFC does …
By Manny Schecter
19 days ago 4

I Dissent: The Federal Circuit’s ‘Great Dissenter,’ Her Influence on the Patent Dialogue, and Why It Matters

Today, Judge Newman is the Federal Circuit’s most prolific dissenter, and her dissents are important. Former Chief Judge Paul Michel noted that “Judge Newman may hold …
By Professor Daryl Lim
19 days ago 11

No evidence of lost sales or price erosion means no irreparable harm and no permanent injunction

Nichia Corporation (“Nichia”) sued Everlight Americas, Inc., Everlight Electronics Co., Ltd. and Zenaro Lighting (collectively, “Everlight”) for infringement of three of Nichia’s patents disclosing packaging designs …