Posts Tagged: CAFC


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 1 year 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 1 year 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 1 year 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 1 year 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Nonprecedential Federal Circuit Decision Generates a Dissent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 1 year 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

Ultramercial Patent Claims Invalid as Abstract Ideas

While there can be disingenuous arguments made about the abstractness of a media product or a sponsor message, who in their right mind could ever even suggest …
By Gene Quinn 2 years ago 49

Plaintiff Waives Infringement Under Proper Claim Construction

The Federal Circuit issued a decision in CardSoft v. Verifone, which the Court overturned the district court’s claim construction. Overturning a district court’s claim construction …
By Gene Quinn 2 years ago 7

Is there an Anti-Patent Bias at the Federal Circuit?

The label "anti-patent" is not meant as a criticism or insult. Instead I mean it is a purely descriptive way that recognizes a distinct and very real …
By Gene Quinn 2 years ago 30

President Obama Nominates Kara Stoll for Federal Circuit

Kara Farnandez Stoll is presently a partner at Finnegan, Henderson, Farabow, Garrett and Dunner, LLP in Washington, D.C. She has extensive experience in patent litigation, and …
By Gene Quinn 2 years ago 7

CAFC Reverses Summary Judgment Fee-Shifting Sanction

The district court imposed a fee-shifting sanction as a condition of permitting AntiCancer to supplement the Preliminary Infringement Contentions that the district court found defective under Patent …
By Gene Quinn 2 years ago 1

Patent Reform Dead if CAFC Reviews Willfulness En Banc

In a concurring opinion, Judge O’Malley, who was joined by Judge Hughes, wrote that she felt constrained by the Federal Circuit’s precedent in In re …
By Gene Quinn 2 years ago 2

A Patent Eligibility in Crisis: A Conversation with Bob Stoll

The Supreme Court is simply not knowledgeable about patent law. And that’s not to say that the Justices couldn’t become knowledgeable, but even in this …
By Gene Quinn 2 years ago 4

Dark Days Ahead: The Patent Pendulum

All of this can really be traced all the way back to the flash of creative genius test by the Supreme Court, which Congress specifically outlawed in …
By Gene Quinn 2 years ago 20