Posts Tagged: Judge WIlliam Bryson


CAFC: Exclusive license must include provisions establishing minimum contacts for personal jurisdiction

In New World International v. Ford Global Techs, FGTL sued New World for patent infringement in Michigan. New World countersued in Texas, seeking a declaratory judgment that …

Federal Circuit says Rule 36 Judgments can have Preclusive Effect

A Federal Circuit Rule 36 judgment can be a valid and final judgment for purposes of preclusive effects. Additionally, district court findings affirmed by a Rule 36 judgment can …

Federal Circuit affirms ruling that Apple does not infringe Core Wireless’ Patent

Core Wireless sued Apple for infringing its patent directed to a cellular network system including a mobile station providing for improved transmission of data packets. The jury …

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 …

In non-precedential decision, CAFC vacates district court grant of summary judgment

In vacating the district court’s summary judgment order, the Federal Circuit noted first that statements made by Micron’s expert regarding what the anticipatory reference disclosed …
By John M. Rogitz
10 months ago 1

Proper §112 Indefiniteness Analysis is Directed to the Claims Themselves, Not the Terms

The Federal Circuit Court found that the source of the purported indefiniteness (“processing system”) played no role in defining the claims. Since the asserted claims are method …

Federal Circuit Affirms the PTAB, Emphasizing KSR’s Flexible Approach to 103

The Court affirmed the Board’s finding that two previous patents render the ‘695 Patent obvious. The Court rejected ClassCo’s argument that “[a] basic characteristic of a …

Affinity Labs of Texas loses two patent eligibility cases at the Federal Circuit

Affinity Labs of Texas, LLC, lost two cases at the Federal Circuit last week, both in decisions authored by Judge Bryson, which Chief Judge Prost and Judge …

The Federal Circuit Will Not Re-Weigh Evidence Considered By The Board in IPR Appeals

The Court noted that all of Warsaw’s arguments related to the Board’s findings of fact, and were therefore reviewed for “substantial evidence.” The Board’s …

Federal Circuit rules claims defining information-based result are patent ineligible

The CAFC then approvingly noted that the district court invoked "an important common-sense distinction between ends sought and particular means of achieving them, between desired results (functions) …
By John M. Rogitz
12 months ago 21

Biologics Applicant Must Give Post-Approval Notice to Reference Product Sponsor

The Federal Circuit held that there was no statutory language that made section (8)(A) non-mandatory. Further, Amgen v. Sandoz disposed of Apotex’s argument that (8)(A) would …

Appending Conventional Steps to Abstract Idea an Insufficient Inventive Concept

The Court held that dealing “physical playing cards” did not constitute patent eligible territory. This constituted a “purely conventional” activity, like the conventional computer implementation that fell …

Federal Circuit denies mandamus, can decide later if patent was really a covered business method

On Friday, March 18, 2016, in a one paragraph Order that for some reason is not available on the Court's website, the United States Court of Appeals for the …
By Gene Quinn
1 year ago 5

Federal Circuit says PTAB decision on redundancy of asserted IPR grounds not appealable

The Federal Circuit held, pursuant to 35 U.S.C. § 314(d), that it does not have jurisdiction to review an institution decision, because a “determination by the Director …

CAFC overturns $18 million verdict because jury improperly left to determine claim scope

Following a five-day trial, the jury found the asserted claims valid and infringed, and awarded Eon $18,800,000. In determining only that the terms should be given their plain …