Posts Tagged: CAFC


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 1 year 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 1 year 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 1 year 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 1 year 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

The Destruction of a High Tech Economy

Simply stated, strong patent rights are an absolute prerequisite for a high tech economy.... With a steep and significant erosion of patent rights and a horribly uncompetitive …
By Gene Quinn 2 years ago 76

Erosion of Patent Rights Will Harm US Economy

Without any legitimate statutory precedent or authority the Supreme Court is wrecking the U.S. economy just as sure as snow is white and water is wet. …
By Gene Quinn 2 years ago 28

Federal Circuit Ignores Jury Finding of Non-Obviousness

This is just another example of the Federal Circuit substituting its own decision for that of the decision maker at the district court level. It is one …
By Gene Quinn 2 years ago 14

Patent Drafting: The Detailed Description Should Include Multiple Embodiments or Examples

Along with their ABC’s and multiplication tables, patent lawyers learn two basic principles. First, claims define the invention. Second, a court should not read limitations from …
By Joseph Root 2 years ago 7

CAFC Can’t Review Vermont Demand Letter Enforcement

The Federal Circuit, per Judge Newman and with Chief Judge Prost and Judge Hughes, found that the Federal Circuit lacked jurisdiction to hear the appeal from a …
By Gene Quinn 2 years ago 7

Judge Michel Speaks on the Future of the Federal Circuit

Judge Michel: "I’m aghast at the suggestions that are made in some blogs that the Federal Circuit be abolished. The idea that you need more so-called …
By Gene Quinn 2 years ago 4

CAFC Shock: Judge Randall Rader Announces Retirement

In what can really only be characterized as a stunning development, earlier today Judge Randall Rader of the United States Court of Appeals for the Federal Circuit …
By Gene Quinn 2 years ago 11