Posts Tagged: Federal Circuit


Discretion Beats Out Bright Line Test for Enhanced Patent Damages: Halo v. Pulse

In last week’s Halo Elecs. v. Pulse Elecs. decision, the Supreme Court unanimously rejected the Federal Circuit’s Seagate standard for awarding enhanced damages in patent …
By Kara R. Fussner
3 days ago 1

Board Cannot Adopt New Claim Construction Without Giving Notice to the Parties

The Federal Circuit held that the Board’s changed claim construction of “data flow,” violated the Administrative Procedure Act (APA), even if it was correct. In particular, …

Objectively Unreasonable Claim Construction does not Avoid Induced Infringement

In light of Commil, the Supreme Court granted certiorari, vacated the judgment, and remanded the case to the Federal Circuit... First, the Court concluded that Warsaw’s …

Court Affirms Claim Construction of ‘Alias’ was Limited by Specification to Mean Text

The Court agreed with Facebook in that these claim terms had no accepted meaning in the art, which meant that they cannot be construed broader than the …

Patent’s Non-Standard Use of “Fractionation” Limits Scope of the Claims

The Court found that “fractionation” referred only to distillation-based techniques. The specification’s use of the term “fractionation” controlled even if the definition was idiosyncratic. By that …

Is Enfish Much Ado About Nothing?

Enfish bothers me. The Federal Circuit decision puts forth some great phrases, but I am concerned that Enfish will not be as useful as hoped in overcoming §101 …
By Scott Zimmerman
18 days ago 15

Federal Circuit Affirms Non-Infringement and Untimely Assertion of DOE Infringement

The Federal Circuit found that the specification explicitly supported the district court’s claim construction, which precluded a finding of infringement. Two passages specified the meaning of, …

Federal Circuit Affirms TTAB Refusal to Register ‘CHURRASCOS’

In a May 13, 2016 decision, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision upholding an Examiner’s denial of registration based on a finding …

Supreme Court to Weigh in on Damages for Design Patent Infringement

Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s divergence from its …

Will the Federal Circuit’s Enfish ruling have broader implications for data storage patents in general?

Days before this Federal Circuit decision, the Patent Trial and Appeal Board (PTAB) issued its decision for Informatica Corp. v. Protegrity Corp. The patent at issue in …
By Audrey Ogurchak & Gene Quinn
1 month ago 4

Is the USPTO’s IPR Process Constitutional?

I represent MCM Portfolio LLC, which is seeking Supreme Court review of a recent decision of the United States Court of Appeals for the Federal Circuit upholding …
By Thomas Goldstein
1 month ago 51

An Offer For Sale Under § 102(b) is Made When a Communication Creates a Power of Acceptance

The district court held that the patent was not invalid because those communications did not constitute an offer for sale that would trigger the on-sale bar. Watson …

Federal Circuit Affirms Doctrine of Equivalents Analysis Using Appropriate Hypothetical Claim

The Federal Circuit held that it is not the case that a patent must spell out a claim element’s function, way, and result, for the doctrine …

Patents For Self-referential Computer Database Are Not Categorically Unpatentable as Abstract

Where the claims are directed to an improvement to computer functionality, they are not abstract under the first step of Alice, and thus no step-two analysis is …

Federal Circuit says software patent claims not abstract, are patent eligible

From there the Federal Circuit said: ''We do not read Alice to broadly hold that all improvements in computer-related technology are inherently abstract and, therefore, must be …
By Gene Quinn
1 month ago 58