Posts Tagged: Federal Circuit


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
2 hours ago 1

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 day 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
3 days ago 0

Changed Standard for Design Patent Damages Means More Design Patents Necessary

For patent holders in design patent infringement cases, having multiple component design patents for any given product will help maximize the potential damage award. A multiple design …
By Matt Scyoc & Gene Quinn
3 days ago 0

Federal Circuit Upholds Sanctions and Attorney’s Fees for Vexatious Litigation and Frivolous Appeal

The Court upheld the district court’s award of attorneys’ fees and costs, finding ample support in the record for Walker’s vexatious conduct, and no legitimate …

Federal Circuit Affirms PTAB Decision on Obviousness, Judge Newman Dissents

The Court’s opinion stresses that in an obviousness analysis, it should consider “whether the improvement is more than the predictable use of prior art elements according …

CAFC: When Relying Common Sense There Must be Explicit and Clear Reasoning

The Board’s determination was “potentially lawful but insufficiently or inappropriately explained.” The finding of obviousness was vacated and the case was remanded for further proceedings... Obviousness …

CAFC Reverses on Indefiniteness Because Claim Terms Sufficiently Supported by Examples

The Court was careful to explain that its “holding in this case does not mean that the existence of examples in the written description will always render …

Federal Circuit Clarifies Injury in Fact Standing to Challenge Final Agency Decision in IPR

In appealing from a final IPR decision, the appellant must have standing, based on evidence of record or supplemental evidence showing an “injury in fact.” Alleged economic …

Rule 36: Unprecedented Abuse at the Federal Circuit

The principal manner in which the district courts are divining their guidance from the Federal Circuit is by review of the precise language of claims that court …
By Peter Harter & Gene Quinn
6 days ago 6

The Future of Forum-Shopping in a Post-TC Heartland World

The Federal Circuit’s broad interpretation of the patent-venue statute has led to widespread forum-shopping with a disproportionate number of cases being filed in the Eastern District …
By Byron Pickard & Joseph Kim
7 days ago 1

Patent Forecast 2017: Will Patent Courts Be Great Again?

While Congress seems to pass some form of patent legislation roughly every 9 to 11 years, the more important changes with regard to business predictability and economic growth tend …
By Peter Harter & Gene Quinn
10 days ago 3

Federal Circuit to consider reviewability of IPR institution decisions en banc

In a Per Curiam Order the Federal Circuit granted the petition for en banc rehearing and vacated the court’s three prior opinions in Wi-Fi One v. …
By Gene Quinn
13 days ago 3

The Four Consequential Patent Trends of 2016

Suffice it to say that 2016 has been an interesting year. The political climate is much different than one year ago amidst a growing tide of nationalism abroad …
By Steve Brachmann
19 days ago 3

The broadest reasonable interpretation of a patent claim does not extend to a legally incorrect interpretation

In a December 22, 2016 decision, the Federal Circuit vacated a decision by the Patent Trial and Appeal Board (“The Board”) in two inter partes review (IPR) proceedings. The …