Posts Tagged: District Court


Federal Circuit Denies Petition for Rehearing En Banc in Xitronix Appeal on Walker Process Claims

On Friday, June 15th, the Court of Appeals for the Federal Circuit denied a petition for panel rehearing and rehearing en banc in Xitronix Corporation v. KLA-Tencor …
By Steve Brachmann
1 day ago 0

‘Graphical User Interface’ does not necessarily invoke means-plus function analysis

In Zeroclick, LLC v. Apple Inc., before Judge Jimmie Reyna, Judge Richard Taranto, and Judge Todd Hughes, Zeroclick appealed a district court's interpretation of the claims as …

Lofgren, Issa Denounce Proposed PTAB Claim Construction Changes in Oversight Hearing

found it disturbing that the Director Iancu would circumvent the prerogative of Congress with recently announced proposed PTAB claim construction changes, though she admitted the decision wasn’…
By Steve Brachmann
29 days ago 18

Hatch-Waxman Litigation: 60 Percent Increase in ANDA Lawsuits from 2016 to 2017

In 2017, U.S. district courts saw a total of 417 patent infringement suits related to ANDA filings made by drugmakers with the U.S. Food and Drug Administration (…
By Steve Brachmann
1 month ago 0

CAFC Upholds Section 101 Invalidity Finding on Rule 12(b)(6) Motion, Nixing Patents Covering App Management

On Monday, April 9th, the Court of Appeals for the Federal Circuit upheld the invalidity of a series of patents asserted against the American subsidiary of Japanese …
By Steve Brachmann
2 months ago 22

PTAB Judges Shockingly Inexperienced Compared to District Court Judges

This study uncovered several shocking revelations. First, 12.64% of PTAB judges were appointed with less than 5 years of experience prior to their appointment as APJs (i.e., 5 years …
By Gene Quinn
4 months ago 63

Factual Allegations on Inventive Concept Preclude Dismissal of Complaint Under § 101

In Atrix Software v. Green Shades Software, Aatrix sued Green Shades for infringement, and Green Shades moved to dismiss. The district court granted the motion, holding: (1) claim 1 …

Aatrix Software v. Green Shades Software: Pleading must be taken as true on 101 motion to dismiss

"The Aatrix ruling is significant because when deciding a motion to dismiss all factual allegations made by the plaintiff (i.e., the patent owner) in the complaint …
By Steve Brachmann
4 months ago 6

Federal Circuit Affirms Preliminary Injunction

Turning to the injunction, Infineon was enjoined from undertaking certain activities concerning products in the Exclusive Field that practice the licensed patents. The Court vacated this provision …

SCOTUS to decide if lost profits can be awarded for infringement committed on high seas

The Supreme Court will hear WesternGeco LLC v. ION Geophysical Corp., which asks whether the Federal Circuit erred in holding that lost profits arising from prohibited combinations …
By Steve Brachmann
5 months ago 0

2017 Saw Fewest Patent Lawsuits Filed Since 2011

Q4 2017 saw a total of 981 patent infringement cases filed in district courts, the second-lowest total for any quarter in 2017 and the third-lowest total for any quarter dating …
By Steve Brachmann
5 months ago 8

CAFC says PTO Reexamination Should Not Preclude Validity Challenges at District Court

Along with the willfulness finding, the Federal Circuit also overturned findings of no invalidity on a patent that had already survived multiple reexaminations at the U.S. …
By Steve Brachmann
5 months ago 10

Grumpy Cat Wins $710,000 Verdict for Copyright, Trademark Infringement Against Beverage Maker

A jury awarded $710,000 in damages for trademark and copyright infringement to Grumpy Cat Limited, the entity holding the rights to the Internet cat celebrity Grumpy Cat. The …
By Steve Brachmann
5 months ago 1

Sprint, Cox Communications Settle Patent Lawsuit

Overland Park, KS-based telecom firm Sprint Corporation (NYSE:S) and Atlanta, GA-based broadband provider Cox Communications announced a multi-year business agreement resulting from the settlement of a …
By Steve Brachmann
5 months ago 0

Why is PTAB spending precious resources killing good patents?

Patents that have withstood scrutiny in Article III federal courts are not bad patents, they are good patents, and they ought not to be struck down by …
By Gene Quinn
5 months ago 28