Posts Tagged: Federal Circuit


CAFC Affirms Attorney Fees Awarded Under ‘Holistic and Equitable’ Evaluation of Case

In conclusion, the Court held the district court did not abuse its discretion in determining that, under the totality of circumstances, this was an exceptional case, and …

Federal Circuit Reverses PTAB Anticipation Decision and Clarifies Kennameta

Anticipation can arise when the disclosure of a limited number of alternative combinations discloses the one that is claimed. However, a reference does not anticipate because an …

Mentor Graphics v. Synopsys: Affirmed-in-Part, Reversed-in-Part, Vacated-in-Part, and Remanded

Various Synopsys parties and EVE-USA, Inc. (collectively “Synopsys”) sued Mentor Graphics, seeking a declaration that Mentor’s ’376, ’531, and ’176 patents were invalid and not infringed. Mentor counterclaimed for …

CAFC upholds invalidation of patent application covering patient data management tech under Alice

On Monday, March 13th, the U.S. Court of Appeals for the Federal Circuit issued a decision upholding the Patent Trial and Appeal Board’s (PTAB) finding …
By Steve Brachmann
4 days ago 22

How is the PTAB Handling Remands from the Federal Circuit? A Survey and Some Practical Takeaways

As of March 17, 2017, the Federal Circuit has remanded 23 post-grant proceedings back to the Patent Trial and Appeal Board (PTAB) for further consideration. But there are no rules …

Examining USPTO Business Method Patent Eligibility Examples

On December 15, 2016, the USPTO published three subject matter eligibility examples focusing on business method claims. The purpose of these examples is to give guidance on how claims …
By Kris Rhu & Paul Gurzo
7 days ago 0

Supreme Court of the United States to Hear Oral Arguments in Patent Exhaustion Case

On March 21, 2017, the Supreme Court of the United States will hear oral arguments for the case of Impression Products, Inc. v. Lexmark International, Inc. The Court will …

Teaching Away Requires Discouragement or Implying the Combination Would Not Work

Michael Meiresonne (“Meiresonne”) appealed from the final inter partes review (“IPR”) decision of the U.S. Patent Trial and Appeal Board (“Board”). The Board held that certain …

Sprint Still on the Hook to Comcast for $7.5 Million

The Federal Circuit affirmed a jury award of $7.5 million for Sprint’s infringement of three Comcast patents. The district court did not error in construing the challenged …

Federal Circuit reverses PTAB anticipation holding because not every element present in prior art

The PTAB held that anticipation can be found even when a prior art reference does not disclose each and every claim element as long as one of …
By Gene Quinn
11 days ago 8

The Federal Circuit should never use Rule 36 if a patent claim is invalidated

What happens if a patent owner who suffered that Rule 36 summary loss to Google at the Federal Circuit were to decide to sue another party – perhaps Apple – …
By Gene Quinn & Peter Harter
13 days ago 7

The coupling of § 101 and § 112, and what it means for patent practitioners

A recent opinion by the Federal Circuit suggests that there will be considerable uncertainty about the respective boundaries of §§ 101 and 112 in the years ahead. In Trading Technologies …

AT&T Settlement Agreement Admissible in Sprint Patent Litigation

The Federal Circuit found that the district court did not abuse its discretion in admitting the AT&T settlement agreement for several reasons. First, the agreement covered …

Federal Circuit: Disclaimer based on arguments actually made, not those that could have been made

The scope of surrender is not limited to what is necessary to overcome the prior art reference. Instead, patentees may surrender more than is required to overcome …

CAFC sides with L.A. Biomedical Research over Eli Lilly in two IPRs challenging penile fibrosis patent

LAB sued Eli Lilly & Company, alleging marketing of the drug Cialis induced infringement of LAB’s patent. Eli Lilly subsequently requested that the Board conduct inter partes …