Posts Tagged: CAFC


An Offer For Sale Under § 102(b) is Made When a Communication Creates a Power of Acceptance

The district court held that the patent was not invalid because those communications did not constitute an offer for sale that would trigger the on-sale bar. Watson …

Federal Circuit Affirms Doctrine of Equivalents Analysis Using Appropriate Hypothetical Claim

The Federal Circuit held that it is not the case that a patent must spell out a claim element’s function, way, and result, for the doctrine …

Patents For Self-referential Computer Database Are Not Categorically Unpatentable as Abstract

Where the claims are directed to an improvement to computer functionality, they are not abstract under the first step of Alice, and thus no step-two analysis is …

Federal Circuit says software patent claims not abstract, are patent eligible

From there the Federal Circuit said: ''We do not read Alice to broadly hold that all improvements in computer-related technology are inherently abstract and, therefore, must be …
By Gene Quinn
11 months ago 58

CAFC Vacates Judgment on Pleadings in Light of Revised Standard for Divided Infringement

The Court vacated the judgment against Mankes and remanded the case for further consideration. Because the law was in a state of flux, the Plaintiff pled facts …

Acorda Therapeutics v. Mylan Pharmaceuticals May Not be the Last Word on Personal Jurisdiction in ANDA Cases

The Federal Circuit held that Mylan Pharmaceuticals, Inc. (“Mylan”), a generic drug manufacturer, was subject to specific personal jurisdiction in Delaware because Mylan had filed an abbreviated …
By Paul Dietze Ph.D. & Mini Kapoor
11 months ago 0

District court must consider whether functional elements contributed to ornamentation of design

The Court held that the district court must review the design disclosed in the patent as a whole, and consider whether functional elements contributed to the ornamentation …

Federal Circuit Affirms Obviousness Based on Evidence from Reexamination

The Court affirmed the obviousness rejection, noting that even under the proper claim construction, substantial evidence supported the Board’s factual findings underlying its obviousness determination. The …

Federal Circuit Grants New Trial in Light of False Expert Testimony

The records revealed that Dr. Bielawski repeatedly testified that he personally conducted laboratory testing on J&J’s accused lenses when, in fact, the testing was conducted …

Federal Circuit rules willfulness a prerequisite for disgorgement of trademark infringer’s profits

The Federal Circuit affirmed. Undertaking an extensive analysis of the legislative history of Lanham Act damages, the Court attempted to explain a 1999 amendment inserting language regarding willfulness. …

Federal Circuit reverses PTAB claim construction in IPR appeal

Pride Mobility appealed, and noted that the Board construed claim 7 as requiring a "substantially planar" mounting plate "oriented perpendicular" to the axis of the wheelchair's drive wheel, …

Judgment With Prejudice is Res Judicata and not Vacated Even if Mooted by Later Reexamination

Cardpool, Inc., v. Plastic Jungle, Inc., NKA Cardflo Inc. (Fed. Cir. Apr. 5, 2016) (Before Newman, Reyna, and Wallach, J.) (Opinion for the court, Newman, J.)(Federal Circuit held …

CAFC: Claim construction is appropriate even where term has a plain and ordinary meaning

Clare sued Chrysler for infringement of two patents on hidden storage boxes for pick-up trucks. Clare argued that the limitations do not need a construction because the …

Federal Circuit guidance is needed because district courts are misapplying Alice

The District Court’s errors in the Broadband iTV decision are a paradigmatic and telling manifestation of certain of the manners in which district courts are misapplying …
By Kelly Mackin
12 months ago 74

The PTAB at the Supreme Court – and the Federal Circuit’s Response

The Supreme Court will hear oral arguments in the Cuozzo Speed Technologies, LLC v. Lee on April 25, 2016, with a decision expected sometime before the end of June... […
By Andrew Williams, Ph.D.
12 months ago 6