Posts Tagged: CAFC


Federal Circuit affirms PTAB invalidation of Uniloc patent which wasn’t invalid in 65 district court cases

The Uniloc patent invalidated by the PTAB in this case is U.S. Patent No. 5490216, titled System for Software Registration and issued in February 1996. It claims a …
By Steve Brachmann
1 month ago 9

BRI and how it increases an obviousness determination

Owens Corning v. Fast Felt (Fed. Cir. 2017) illustrates an example of how the broadest reasonable interpretation (BRI) standard increases the chances that an obviousness argument could successfully …
By James Yang
1 month ago 1

Merck Process for Stabilizing Antibiotic Compound Invalid as Obvious

The District of Delaware found that one of two patents asserted by Merck was not invalid and infringed, and the other patent, while infringed, was invalid as …

Corporate Counsel Should Carefully Consider the Company’s Trade Secret Position and Form a Game Plan to Protect the Company

Among the most disastrous mistakes with trade secrets is believing you own them when you do not.  A number of highly-contentious trade secrets disputes have arisen when …

Federal Circuit Clarifies Standard for Indefiniteness of Mixed Subject Matter Claims

Because it is clear when infringement occurs, and the scope of the claims is reasonably certain, the Court reversed the judgment of invalidity due to indefiniteness... Claims …

CAFC Rules Mass Transit Fare System Claims Patent Ineligible

In Smart Sys. Innovations, LLC v. Chi. Transit Auth., the majority of a Federal Circuit panel affirmed a district court’s holding that several claims of four …

For A Trial Court Peering Through The Looking Glass, Everything Appears Abstract

Many district courts have interpreted Alice as authorizing invalidation of issued patents as “abstract” based solely on the pleadings. They have done so even where the invalidation …
By Meredith Addy
2 months ago 5

Amendments in IPRs? Welcome back to the future

The industry reaction to Aqua Products v. Matal has been swift. In IPWatchdog’s Industry Roundup blog post, there was broad acclaim. However, for those involved with …
By Van Lindberg
2 months ago 10

CAFC affirms invalidity of geographic map visualization patent asserted against Google Earth

The Court of Appeals for the Federal Circuit entered a non-precedential decision in Art+Com Innovation Pool GmbH v. Google LLC, which affirmed a lower court’s …
By Steve Brachmann
2 months ago 10

PTAB Erred Finding Claims Nonobvious in IPR, Federal Circuit Reverses Without Remand

In Owens Corning v. Fast Felt Corp, Fast Felt sued Owens Corning for infringement, and Owens Corning filed a petition with the PTO seeking inter partes review …

Critiques Alone Are Insufficient to Outweigh Expert Experiments and Testimony

In Organik Kimya AS v. Rohm & Haas Co., Organik Kimya AS (“Organik”) appealed the decisions of the Patent Trial and Appeal Board (“Board”) in two related inter …

Patent-Ineligible Claims Dismissed Based On Intrinsic Evidence

The Federal Circuit heard the case of Secured Mail Solutions LLC v. Universal Wilde, Inc., where the Appellant, Secured Mail Solutions LLC (“Secured Mail”) appealed from the …

Federal Circuit says inequitable conduct can be inferred from activities in a later patent litigation?

Although the patent prosecution process is adversarial in nature, patent practitioners must be keenly aware of their duty to maintain the integrity of any subsequently issued patent …
By Alison McGreary & Ryan Cagle
2 months ago 6

Burden of Persuasion for Patentability of Amended Claims in IPR Stays with Petitioner

After a panel of the Federal Circuit affirmed the Board’s decision, in Aqua Products v. Matal, Aqua requested an en banc rehearing. The USPTO Director Joseph …

Eli Lilly patent covering Alimta lung cancer treatment upheld in final written decision from PTAB

On Thursday, October 5th, a final written decision issued by the Patent Trial and Appeal Board (PTAB) upheld a series of 22 claims from a patent owned by …
By Steve Brachmann
2 months ago 0