Posts Tagged: CAFC


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 industry” requirement as it is applied to NPEs. Under 19 U.S.C. §1337(…

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Do patent applicants appealing a rejection of their claims from the Patent Trial and Appeals Board have a chance of success at the Court of Appeals for the Federal Circuit? What about patentees appealing to the CAFC from rejections …

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Chief Judge Smith: "The unique thing about the job particularly right now - and I think this is true for my job and the Vice Chief Judge job - is that while we have many, many administrative duties they …

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the United States Court of Appeals for the Federal Circuit determined that the United States Federal District Court for the Southern District of California abused its discretion when it refused to award a victorious patent plaintiff a permanent injunction …

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This is very good news for defendants and for the patent system. If Rule 11 is actually enforced against those who sue without a reasonable basis the bad actors will be wiped out. It will also work to identify those …

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The brief addresses this issue in the context of patent infringement claims that Motorola, Inc. has filed against Apple, Inc. regarding technologies used in iPhones and iPads that allegedly are covered by Motorola’s SEPs. It concludes that a …

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In the end, Voter Verified reached the correct result that the Benson article was a “printed publication” bar. But the “publicly accessible” doctrine relied upon by Judge Lourie’s opinion was not the best (and most direct) pathway to …

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In this final installment of my interview with Dickinson we discuss the Federal Circuit, including the rumors that I have heard about him possibly being on a short list for a future appointment to the Federal Circuit. As you …

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Kappos on final rules to implement the AIA: "We put together a good set of rules, but they are by no means a perfect set of rules." Kappos explained that typically in Washington administrative rules are written and may …

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Judge Richard Linn: "It is a pleasure for me to have the opportunity to honor my colleague and my dear friend, Judge Pauline Newman. To say that Judge Newman is a woman of accomplishment is a serious understatement. There …

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In a recently published Forbes.com article titled"The Federal Circuit, Not the Supreme Court, Legalized Software Patents," Lee doubled down with his absurd and provably incorrect assertions regarding the patentability of software patents. But he also more or …

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Indeed, few articles have struck a nerve in me quite the way that a recent Ars Technica article did. The article is titled How a rogue appeals court wrecked the patent system??. It is a cheap shot, factually inaccurate …

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