Posts Tagged: CAFC


Interview Finale: Judge Richard Linn, CAFC

In this final segment of the interview, which appears below, we move into the issues of the day: the changing patent laws and Supreme Court interest in …
2 years ago 2

Interview Exclusive: Judge Richard Linn Part II

In Part I of the interview we discussed Judge Linn’s early interest in patent law and how he found himself appointed to replace the recently deceased …
2 years ago 0

Exclusive Interview: Judge Richard Judge Linn of the CAFC

Those in the industry know that Judge Linn is one of a small group of Judges who are patent attorneys. He is one of us in so …
2 years ago 2

Chief Judge Rader Speaks Out About Patent Litigation Abuse

Chief Judge Rader: "The patent system has a narrow focus. It is not a consumer affairs program. It is not a manufacturers guarantee compliance program. It’s …
3 years ago 23

Semiconductor Energy Laboratory v. Yujiro Nagata: Assignor Estoppel is Affirmative Defense, No Supplemental Jurisdiction

Semiconductor Energy Laboratory (“SEL”) appealed the decision of the District Court of California that dismissed with prejudice SEL’s complaint versus Yujiro Nagata (“Nagata”) due to a …
3 years ago 0

Hall v. Bed Bath & Beyond: Design Infringement Can Proceed

BB&B initially moved to dismiss Hall’s complaint in accordance with Federal Rule of Civil Procedure 12(b)(6) – failure to state a claim on which relief can …
3 years ago 0

USPTO Solicitor Ray Chen Nominated for the Federal Circuit

Earlier today President Barack Obama made two nominations for the United States Court of Appeals for the Federal Circuit. Nominated were Raymond T. Chen, who is currently …
3 years ago 2

Livid About Non-precedential Avid Decision from Federal Circuit

When an element is claimed using language falling under the scope of §112, ¶6, the specification must be consulted to determine the structure, material, or acts corresponding to the …
3 years ago 8

CAFC 2012 on the Obviousness of Chemical Innovations, Part II

In contrast to the Federal Circuit’s 2012 decisions in the context of pharmaceutical litigation, its decisions with respect to appeals from the Board were much less favorable …
3 years ago 0

Murky Morass: Is it Time for a Patent Eligibility Paradigm Shift?

Why does it feel like it's time for a Section 101 paradigm shift? Is it because of the shocking candor with which one Federal Circuit panel called patent …
3 years ago 6

Predicting Patentability in the Unpredictable Arts: A Look Back at the Federal Circuit’s 2012 Decisions on the Obviousness of Chemical Innovations

A few trends were readily apparent in 2012. First, pharmaceutical patent holders in litigation fared well – in a series of cases, the Federal Circuit rejected obviousness attacks in …
3 years ago 0

CAFC Favors Non-Practicing Entities on “Domestic Injury”

Recently the Federal Circuit, sitting en banc, denied Nokia’s petition for rehearing. The Federal Circuit decision is nevertheless interesting for its treatment of Section 337’s “domestic …
3 years ago 1