Posts Tagged: CAFC


Federal Circuit Review – Issue 57 – July 03, 2015

In this issue of the Federal Circuit Review: (1) Bad Lawyering Is Not Misconduct For Awarding Attorneys Fees; (2) Continuing Applications Are not Entitled to Patent Term Adjustment for …

Federal Circuit Review – Issue 56 – June 26, 2015

In this issue of the Federal Circuit Review: (1) A Patent Owner Must Show They Are Entitled to Amended Claims In an Inter Partes Review, Including in View …

IPWatchdog to publish Troutman Sanders Federal Circuit Review

Partners Joe Robinson and Bob Schaffer have for some time published a Federal Circuit Review Newsletter. I have been a subscriber since they started publishing that newsletter …
By Gene Quinn
1 year ago 0

AIPLA supports en banc rehearing in Akamai v. Limelight on single entity infringement rule

There can be little doubt of the exceptional importance of Akamai Technologies, Inc. v. Limelight Networks, Inc. to the intellectual property community, and to innovators as a …

Functional Claiming of Computer-Implemented Inventions in View of Recent Decisions

The opinion focused on whether adequate structure corresponding to the “coordinating” function is disclosed in the specification. After determining that a special purpose computer is required to …

Avoiding Invocation of Functional Claim Language in Computer-Implemented Inventions

Functional claim language is increasingly being used by practitioners to capture the metes and bounds of an invention, especially in computer-implemented inventions. Sometimes using functional language in …

Biosimilars at the Federal Circuit – Will this be the Last Dance?

This statute tried to mirror the Hatch-Waxman statute for small molecules, including both an abbreviated drug approval process and a mechanism to address any patent claims during …

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
2 years ago 8