Posts Tagged: Federal Circuit


The PTAB is a thoroughly broken tribunal incapable of being fixing

One Administrative Patent Judge — Judge Jeremy Plenzler — dissented. Plenzler said it was inappropriate for the PTAB to terminate the '304 patent CBM because the parties were different …
By Gene Quinn
17 hours ago 14

Is it time for the Federal Circuit to award costs and fees in Rule 36 judgments?

Erich Spangenberg commented on our most recent Rule 36 article, “Does the Federal Circuit’s use of Rule 36 call into question integrity of the judicial process?” He raised …
By Peter Harter & Gene Quinn
20 hours ago 0

Doc’s Orders: Analogize to Overcome Patent Eligibility Rejections

Taking a hint from what has worked before can give patent prosecutors an advantage. The question is then how to find such examples for use in forming …
By Andrew Gabriel
7 days ago 2

Federal Circuit affirms PTAB decision to invalidate MPHJ patent

The Federal Circuit upheld the decision of the Patent Trial and Appeal Board (“Board”), on Inter Partes Review, to invalidate as anticipated or obvious all claims of …

Does the Federal Circuit’s use of Rule 36 call into question integrity of the judicial process?

The Federal Circuit is using Rule 36 as a docket management tool, which allows the real problems facing the patent system to fester like an open wound. Between …
By Gene Quinn & Peter Harter
10 days ago 2

Federal Circuit remands Apple v. Samsung design patent case to Judge Koh in Northern California

Apple requested that the Federal Circuit keep the case and the panel review the decision in light of the Supreme Court's ruling, while Samsung requested that the …
By Gene Quinn
15 days ago 7

The ITC: Reviewing 2016 and Looking Ahead

In 2016, the ITC had its busiest year since 2011--which was the peak of the “smartphone wars”--in terms of new investigations instituted. In 2016, 55 complaints were filed, notably, 16 …
By Lisa Kattan
16 days ago 0

Derivation requires showing conception and communication of idea from claimed invention, not an obvious variant

Mylan had to show by clear and convincing evidence that the idea for the ’445 patent claim was conceived by someone at the FDA and communicated to Mr. …

The Federal Circuit Affirms District Court’s Grant of Preliminary Injunction

Practitioners dealing with a magistrate judge’s report and recommendation should be sure to preserve objections for appeal, since failing to object may lead to a more …

Water Balloons, Weapons of Mass Destruction and the PTAB

The Federal Circuit, while deciding a preliminary injunction was properly granted, addressed the PTAB decision in its oral arguments and in its decision. In oral arguments Judge …
By Paul Morinville
28 days ago 11

Giles Sutherland Rich: The patent legacy that started with a failed eye exam

One summer night in 1926, while staying at the Willard Hotel, Giles Sutherland Rich made a decision that set in motion a chain of events that account for …
By John Witherspoon
28 days ago 22

Teva Liable for Induced Infringement of Eli Lilly’s Lung Cancer Drug ALIMTA

The Federal Circuit’s decision in Akamai V broadened the circumstances in which the actions of others may be attributed to a single actor to support liability …

CAFC finds graphical user interface patent claims eligible, CBM decision still pending

The Federal Circuit has found claims to a graphical user interface (GUI) patent to be patent eligible. See Trading Technologies International, Inc. v. CQG, Inc. The decision …
By Gene Quinn
1 month ago 18

A Slanted View of Scandalous and Disparaging Trademarks

The Supreme Court has scheduled oral argument in Lee v. Tam for January 18... The genesis of the case is a Portland, Oregon all-Asian-American band called The Slants, …
By Esther Sirotnik
1 month ago 0

The Equitable Defense of Laches: SCA Hygiene Products v. First Quality Baby Products

The equitable defense of laches has been a useful tool for defendants in intellectual property litigation for over a hundred years, but a recent case in the …
By Tamany Bentz & Taylor Sachs
1 month ago 0