Posts Tagged: CAFC


Kara Stoll Unanimously Approved for CAFC by Senate Judiciary Committee

In a unanimous vote the Senate Judiciary Committee approved the Stoll nomination, which now moves on to the full Senate. If confirmed Stoll would take the vacant …
By Gene Quinn
1 year ago 3

Teva and What It Means for Apple v. Samsung and Design Patents

Two independent errors warrant reversal, but to be fair, the district court did not have the benefit of the Supreme Court’s decision in Teva. Now, the …
By Derek F. Dahlgren
1 year ago 3

Federal Circuit rules Soverain collaterally estopped despite obvious due process concerns

Apparently, despite the fact that there are strict page limits imposed at the Federal Circuit, Soverain was somehow supposed to fully brief all of the issues directly …
By Gene Quinn
1 year ago 8

Arbitrary and Capricious: Exploring Judge Lourie’s flip-flop in Ultramercial

It would be extremely unsettling if the Supreme Court has weakened Judge Lourie's resolve to independently and properly interpret the Patent Act. If there is another explanation …
By Gene Quinn
1 year ago 5

CAFC Affirms PTAB in First Inter Partes Review Appeal

Writing for the panel majority, Judge Dyk, who was joined by Judge Clevenger, explained that regardless of whether the USPTO properly should have instituted an IPR, the …
By Gene Quinn
1 year ago 6

District Courts should have more discretion to enhance patent damages

Infringers should not be able to arrogantly and recklessly violate patents for years but ultimately pay only the same amount they would have paid the patent owner …
By Louis Foreman
1 year ago 7

Halo v. Pulse – Progress on Willful Infringement Law at Risk?

While there are several facets of willful infringement law that the Halo concurrence would have the full court reconsider, the one that could have the greatest impact, …
By Bart Eppenauer
1 year ago 2

Supremes end Federal Circuit love affair with de novo review

The United States Court of Appeals for the Federal Circuit has had a very long love affair with de novo review, a standard whereby the reviewing appellate …
By Gene Quinn
1 year ago 8

A Software Patent Setback: Alice v. CLS Bank

Truthfully, the Supreme Court decision in Alice can only be described as an intellectually bankrupt. The Supreme Court never once used the word “software” in its decision. …
By Gene Quinn
1 year ago 15

Form Over Substance: CAFC Kills Patent Due to Paralegal Mistake

Every once in a while you stumble across a situation where what is fair seems obvious. At those moments we are all too frequently reminded that we …
By Gene Quinn
2 years ago 6

Federal Circuit Finds Software Patent Claim Patent Eligible

Of particular interest, the Federal Circuit found that the ‘399 patent constituted patent eligible subject matter, was not invalid and was infringed. This is big news because in …
By Gene Quinn
2 years ago 28

Collateral Estoppel Applies to Reexam Claim

The Federal Circuit held that the district court correctly applied collateral estoppel to the ’774 patent because reexamined claim 33 contains the same memory limitation previously found in claims 1 …
By Gene Quinn
2 years ago 0

Edward Reines Disciplined by CAFC for Rader E-mail

Fast forward to November 5, 2014, the date on which the Federal Circuit issued a Per Curiam decision publicly reprimanding Reines for his conduct relating to the dissemination of …
By Gene Quinn
2 years ago 4

Nonprecedential Federal Circuit Decision Generates a Dissent

I would have to think that this decision, which required the Federal Circuit to construe claim terms, would have to be presidential in at least some ways, …
By Gene Quinn
2 years ago 2

A Rush to Judgment on Patentable Subject Matter

In the latest decision (“Ultramercial-3”), the panel reached the opposite conclusion and affirmed the dismissal. This apparent turnaround was based on two intervening events: (1) the Supreme Court’…
By Ron Laurie
2 years ago 73