Posts Tagged: CAFC


Federal Circuit Affirms Service Mark is Owned by Group, Not by Departing Group Member

In Lyons v. American College of Veterinary Sports Medicine the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (“Board”) cancellation of Sheila Lyons’s registration …

Federal Circuit Affirms CBM Unpatentability Holding; Finding Estoppel Did Not Apply

In Credit Acceptance Corp. v. Westlake Servs. the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board (“Board”) in a Covered Business Method (“CBM”) …

AIA Did Not Alter Reviewability Bar of District Court Remand Decisions Under §1447(d)

The district court determined that it lacked subject matter jurisdiction because Preston’s state-law claims did not arise under federal law and Nagel’s patent counterclaims did …

CAFC: Arbitration of Intellectual Property Claims Not Covered by Agreement

The Court determined that the scope of the arbitration provision did not cover the intellectual property claims before the district court because the arbitration provision only covered …

Federal Circuit Reverses and Remands District Court’s Refusal to Award Attorney Fees

Rothschild sued ADS for patent infringement of Rothschild’s patent related to a home security system. The district court granted Rothschild’s motion to dismiss and denied …

Federal Circuit Reverses Grant of Attorney Fees; Case Not Exceptional Under 35 U.S.C. § 285

In the Federal Circuit case of Checkpoint Systems v. All-Tag Sec, The Federal Circuit held that the district court erred in finding this case exceptional under 35 U.…

Smartflash v. Apple: A poster child of the current ills wrecking the U.S. patent system

despite the media widely lambasting Smartflash as a patent troll, inventor Patrick Racz actually created a company called Internet plc “to develop, manufacture, and commercialize the invention”; …
By Steve Brachmann
2 months ago 12

Halo v. Pulse: CAFC Dismisses Premature Appeal of Pending Judgment Interest Award

The Court first addressed whether the district court’s decision awarding Halo pre- and post-judgment interest and ordering the parties to either file a stipulation on the …

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
3 months ago 26

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
3 months 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
3 months 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
3 months ago 14