Posts Tagged: Judge Richard Linn


CAFC: Arbitration of Intellectual Property Claims Not Covered by Agreement

The Court determined that the scope of the arbitration provision did not cover the intellectual property claims before the district court because the arbitration provision only covered …

Statements Made by Patent Owner During IPR Can Support Finding of Prosecution Disclaimer

In the case of Aylus Networks, Inc. v. Apple Inc., the Federal Circuit affirmed the district court’s finding of summary judgment for Apple Inc. (“Apple”). The …

Is It Really That Obvious? A Tale of Two Decisions

On January 3, 2017 the Court of Appeals for the Federal Circuit (the court) handed down two decisions relating to obviousness under § 103 – In re: Marcel Van Os, Freddy Allen …
By William Gvoth & Paul Gurzo
4 months ago 3

AT&T Settlement Agreement Admissible in Sprint Patent Litigation

The Federal Circuit found that the district court did not abuse its discretion in admitting the AT&T settlement agreement for several reasons. First, the agreement covered …

Federal Circuit grants Google mandamus petition to transfer patent case out of Eastern Texas

The Federal Circuit granted a mandamus petition filed by Google and ordered a Texas federal court to transfer a patent infringement case to a federal court that …
By Gene Quinn
5 months ago 20

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 …

Supreme Court agrees to hear patent venue case filled with patent reform implications

Earlier today the United States Supreme Court granted certiorari in TC Heartland LLC v. Kraft Food Brands Group LLC. In deciding to hear this patent venue case …
By Gene Quinn
7 months ago 8

District Court sua sponte raising dispositive issues not enough for case to be reassigned

While TecSec had urged the panel to reassign the case to a different judge on remand in part because the district court judge repeatedly held against TecSec, …
By John M. Rogitz
9 months ago 2

In non-precedential decision, CAFC says prevailing party can challenge claim construction

what is particularly interesting about this case is that Smith, who had prevailed at the district court and was awarded about $322,500 in damages, thought he could not …
By John M. Rogitz
10 months ago 0

CAFC: Obviousness Analysis Must be Based on More than Common Sense

The Court recognized that “‘[c]ommon sense has long been recognized to inform the analysis of obviousness if explained with sufficient reasoning.’” However, “there are at least …

Common sense is no substitute for reasoned analysis and evidentiary support

O’Malley recognized that in Perfect Web the Federal Circuit did authorize the use of common sense to supply a missing claim limitation, but she pointed out …
By Gene Quinn
12 months ago 15

Immersion Corp v. HTC Corp: CAFC affirms filing continuation on day parent issues

In large part, the CAFC was concerned with the possible disruption of overturning long-standing PTO practice and the reliance placed on it by practitioners, and this respect …
By John M. Rogitz
1 year ago 0

In re TC Heartland: Asking the Federal Circuit to ‘Fix’ Patent Venue Law

Twenty-five years ago, the Federal Circuit decided a case that transformed where (and how) patent infringement cases can be litigated.[1] By expanding the scope of where a …
By Samantha Kuhn
1 year ago 1

SCOTUS Blog founder asks Supreme Court to reconsider Mayo ruling in Sequenom v. Ariosa

This is as straightforward a certiorari candidate as any patent case can be. It is manifestly important: A host of judges and amici have stressed that the …
By Gene Quinn
1 year ago 16

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
2 years ago 40