Posts Tagged: CAFC


Light on analysis, heavy on conclusion, no claim construction, CAFC rules claims ineligible

How patent claims can be invalidated without a proper and thorough claim construction is baffling. It flies in the face of everything patent law stands for and …
By Gene Quinn
2 months ago 78

Federal Circuit slams PTAB for wrong definition of CBM patent in Unwired Planet v. Google

The PTAB used the wrong standard to institute the CBM proceeding in the first place, which lead the Federal Circuit to vacate the PTAB decision and remand …
By Gene Quinn
2 months ago 17

A Guide to Software Patent Eligibility at the Federal Circuit

The Alice/Mayo framework is the decisional approach adopted by the United States Supreme Court for determining whether a patent claim exhibits, such as software patent claims, …
By Gene Quinn
2 months ago 13

Federal Circuit Affirms Anticipation Based on Converting Units of Measure; Remands for Consideration of Prior Conception

Neste filed a petition for inter partes review of REG’s U.S. Patent No. 8,231,804 (‘804 patent) and the Patent Trial and Appeal Board ultimately found all of …

How to Patent Software in a Post Alice Era

In a nutshell, if you are going to write a patent application in such a way that at the end of the it the reader is left …
By Gene Quinn
2 months ago 13

CAFC vacates attorneys’ fees awarded to Justin Timberlake, Britney Spears in patent infringement case

The Federal Circuit recently issued a non-precedential decision in a patent infringement action involving American pop music stars Justin Timberlake and Britney Spears and their production companies. …
By Gene Quinn & Steve Brachmann
2 months ago 1

Federal Circuit: An unconventional solution to a technological problem is patent eligible

The ’510, ‘984, and ‘797 patents were each held eligible for similar reasons. Again, the court found that even if the claims were directed to an abstract idea, they would …

Federal Circuit holds software claims to be patent-eligible because they recite a technological solution to a technological problem

Amdocs (Israel), Ltd. v. Openet Telecom, Inc., Appeal No. 2015-1180, is a precedential case from the U.S. Court of Appeals for the Federal Circuit that reverses …
By John M. Rogitz
3 months ago 8

Section 314(d) Bars Appellate Review of PTAB’s Reconsideration of Decision to Institute

In 2013, Cardiocom, LLC (“Cardiocom”), a subsidiary of Medtronic, Inc. (“Medtronic”), sought inter partes review of two patents owned by Robert Bosch Healthcare Systems, Inc. (“Bosch”). The Cardiocom …

Federal Circuit Upholds Obviousness Rejection of Claimed Influenza Inhaler

A divided panel of the Federal Circuit affirmed the Board’s rejection of all pending claims as obvious in an appeal arising from a method for treating …

District Court sua sponte raising dispositive issues not enough for case to be reassigned

While TecSec had urged the panel to reassign the case to a different judge on remand in part because the district court judge repeatedly held against TecSec, …
By John M. Rogitz
3 months ago 2

Claim differentiation does not broaden claims beyond their meaning in light of the patent as a whole

Claim differentiation does not broaden claims beyond their meaning in light of the patent as a whole, and cannot override clear statements of claim scope found the …

Claims broad enough to encompass mental processes are unpatentable abstract ideas

The Court reasoned that the claims were limited to straightforward steps that a skilled artisan could perform mentally and that the inventors admitted to doing so. The …

Disclaimers of Claim Scope Viewed in Context of the Entire Prosecution History

The Federal Circuit agreed with the district court that this evidence did not demonstrate a “clear and unmistakable” disclaimer in claim scope. The Court emphasized that disavowals …

Federal Circuit Clarifies Patent Eligibility Under McRO and Enfish

Using new or improved rules applied by a computer may be patent-eligible, and improving the operation of the computer itself may be patent-eligible, but using a computer …