Posts Tagged: CAFC


Patent Eligibility Determinations in Life Sciences Patent Cases

This article examines Supreme Court and Federal Circuit analyses of patent eligibility under 35 U.S.C. § 101 where the patent claims at issue were directed to Life Sciences-related …
By Theodore Chiacchio
30 days ago 3

USPTO issues guidance on patent eligibility of method of treatment claims in light of Vanda Pharmaceuticals

On June 7, 2018, the USPTO issued new guidance to its examining corps in the form of a memorandum discussing the Federal Circuit’s April 13, 2018 decision in Vanda Pharmaceuticals …
By John M. Rogitz
1 month ago 2

Rethinking Article III Standing in IPR Appeals at the Federal Circuit

In 2011, as part of the American Invents Act (“AIA”), Congress significantly restructured the way in which previously issued patents could be challenged.   In some cases, existing post-issuance …

‘Graphical User Interface’ does not necessarily invoke means-plus function analysis

In Zeroclick, LLC v. Apple Inc., before Judge Jimmie Reyna, Judge Richard Taranto, and Judge Todd Hughes, Zeroclick appealed a district court's interpretation of the claims as …

CAFC Vacates Board for Moving Target Rejections, Failure to Consider Reply Brief

The moving target rejections were largely due to the fact that the examiner's first clear explanation that she was relying on structural identity, and not inherency, appeared …

Federal Circuit: PTAB Improperly Relied on Unsupported Expert Opinion

Ericsson petitioned for inter partes review of the ’408 patent, and the PTAB upheld its validity. Without separately analyzing the challenged dependent claims, the PTAB held that claim 1 …

Federal Circuit Continues to Develop Patent Venue Law with Recent Trio of Decisions

The Federal Circuit’s recent venue decisions represent important developments in the interpretation of the patent venue statute. The application of these decisions will have immediate effects …
By Mark Deming
1 month ago 0

Patent Office asks Federal Circuit to Allow Board to Reconsider Eligibility Rejections

Yesterday I wrote about the United States Patent and Trademark Office filing a Director’s Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, …
By Gene Quinn
1 month ago 10

USPTO asks Federal Circuit to Vacate, Remand 101 Case to Board in Light of Berkheimer

Yesterday the United States Patent and Trademark Office (USPTO) filed a Director's Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, Inc. After the …
By Gene Quinn
1 month ago 8

Federal Circuit Vacates, Remands After PTAB Fails to Consider Arguments in Reply Brief

On Friday, June 1st, the Court of Appeals for the Federal Circuit issued a decision in In re: Durance striking down a decision by the Patent Trial …
By Steve Brachmann
1 month ago 6

Federal Circuit confirms validity of patent for UCB’s Vimpat®

Appellants were generic drug manufacturers who filed Abbreviated New Drug Applications ("ANDAs"), seeking approval for generic versions of Vimpat®. As a result, the Federal Circuit affirmed the …

TC Heartland Update: Federal Circuit decides ZTE and Bigcommerce

Of the many lingering issues left in TC Heartland’s wake for domestic corporations, a Federal Circuit panel resolved several of them recently. In In re ZTE (…

In Tinnus v. Telebrands, Federal Circuit Reverses PTAB’s Finding of Indefiniteness After PTAB Erred in Packard Analysis

On Wednesday, May 30th, the Court of Appeals for the Federal Circuit entered a decision in Tinnus Enterprises v. Telebrands Corporation which reversed and remanded an earlier …
By Steve Brachmann
2 months ago 9

Federal Circuit: No matter how much the advance the claims recite, they are patent ineligible

This case and the passage above merely confirms what we have long known to be true. The magnitude of the innovation does not matter. Whether there is …
By Gene Quinn
2 months ago 34

Patents Invalidated for Lack of Written Description

Disclosure of one way to attach or position a roof assembly (a species) did not provide an adequate written description of other ways to attach or position …

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