Posts Tagged: Judge Timothy Dyk


Federal Circuit Grants New Trial in Light of False Expert Testimony

The records revealed that Dr. Bielawski repeatedly testified that he personally conducted laboratory testing on J&J’s accused lenses when, in fact, the testing was conducted …

Federal Circuit rules willfulness a prerequisite for disgorgement of trademark infringer’s profits

The Federal Circuit affirmed. Undertaking an extensive analysis of the legislative history of Lanham Act damages, the Court attempted to explain a 1999 amendment inserting language regarding willfulness. …

Forum non conveniens not appropriate because foreign courts cannot adjudicate US infringement

Halo sued Comptoir for infringing a large number of U.S. design patents, copyrights, and one common-law trademark relating to a number of Halo’s furniture designs. …

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 …

Federal Circuit: Disparagement of Prior Art in the Specification Can Limit Claim Language

UltimatePointer argued that the district court improperly construed “handheld device” to require direct pointing, because there was no disavowal or lexicography in the specification to exclude indirect …

CAFC find Inequitable Conduct on argument plus withholding contradictory evidence

In the second reexamination, OWW’s representations about a lack of corroborating evidence constituted inequitable conduct, because OWW was aware that such corroborating evidence existed. Specifically, James …

CAFC reaffirms PTAB discretion not to address all claims in IPR final written decision

On February 10, 2016, a divided Federal Circuit panel reaffirmed the Patent Trial and Appeal Board’s (PTAB) authority to institute trial and provide a final written decision on …

Voluntary Narrowing of Patents Claims Waives Right to Later Jury Trial on Untried Claims

Nuance originally asserted over 140 claims from eight different patents against defendant ABBYY. The case was quickly referred to a special master for scheduling following Markman. The master …

Restricted Sales Do Not Exhaust Patent Rights Under Supreme Court Rulings

The Federal Circuit took the case en banc to review the applicability of the patent exhaustion doctrine under Mallinckrodt and Jazz Photo, in view of the Supreme …

CAFC reaffirms patent exhaustion doctrine cases en banc in Lexmark Int’l v. Impression Products

In a painfully long decision that at one point analyzed a 1628 statement of Lord Coke as relating to British common-law principles and what light that might shed …
By Gene Quinn 3 months ago 36

Federal Circuit Denies Patent Term Adjustment for Erroneous Restriction Requirement

Pfizer argued that the original restriction requirement, because it was incomplete, created a delay by failing to provide Pfizer with adequate notice of the basis for rejecting …

Federal Circuit says same PTAB panel can decide both IPR institution and merits

The Federal Circuit, in an opinion by Judge Dyk who was joined by Judge Taranto, first held that 35 U.S.C. § 314(d) did not preclude the Court …
By Gene Quinn 4 months ago 5

Federal Circuit Reverses PTAB Claim Construction in IPR

The Patent Trial and Appeal Board (Board) cancelled the claims of the patent, finding them anticipated or obvious over several references. The Board construed “is connected” to …

CAFC denies Sequenom en banc petition, Next stop SCOTUS

The law of patent eligibility is created by the nine least qualified people to make such a determination; the Justices of Supreme Court of the United States. …
By Gene Quinn 6 months ago 40

Quality Control Testing of Drug is Not Patent Infringement

In a November 10 ruling, the Federal Circuit held that routine quality control testing of each batch of a generic drug as part of the commercial production process, …