Posts Tagged: Judge Richard Linn


USPTO Decision to Disclose Unpublished Patent Application is Judicially Reviewable

The Federal Circuit held that the structure and language of §122(a) indicate that Congress intended the exceptions to confidentiality to be narrow and reviewable. §122(a) contains two …
7 days ago 0

PTAB must evaluate district court claim construction to determine whether it is consistent with BRI

Even though the Board is generally not bound by the district court’s construction of claim terms, it does not mean that “it has no obligation to …
14 days ago 0

Akamai v. Limelight: Defendant may directly infringe where steps performed by a third party

The en banc Court reversed the previous panel, and expanded the circumstances under which an alleged infringer may be liable under §271(a). In addition to circumstances identified …
15 days ago 1

Federal Circuit Affirms ‘Teaching Away’ and ‘Unexpected Results’ that Support Non-obviousness

The Federal Circuit affirmed. The asserted claims were not obvious because, although the claimed amounts (0.01% bimatoprost and 200 ppm BAK) fell within the range disclosed in the prior …
21 days ago 1

Was the Federal Circuit Trying to Save Us from Ourselves in Williamson v. Citrix?

In Williamson v. Citrix, the Federal Circuit overruled its own precedent that there is a “strong” presumption that claim limitations that do not use the term “means” …
1 month ago 6

Judge Richard Linn, First and Foremost a Patent Attorney

This theme reemerged later when we talked generally about computer implemented innovations. Judge Linn explained that wrestling with patent eligibility as it applies to innovations that require …
10 months ago 0

The Alice in Wonderland En Banc Decision by the Federal Circuit in CLS Bank v. Alice Corp

All the Judges rely on the same Supreme Court precedents in Gottschalk v Benson, Parker v. Flook, Diamond v. Diehr, Bilski v. Kappos, and Mayo v. Prometheus. …
2 years ago 22

5 CAFC Judges Say Computers Patentable, Not Software

Perpetuating the myth that the computer is where the magic lies does nothing other than ignore reality. Software is what makes everything happen. or crying out loud, …
2 years ago 17

Federal Circuit Nightmare in CLS Bank v. Alice Corp.

The only thing we know is this — the Federal Circuit issued an extraordinarily brief per curiam decision, which stated: "Upon consideration en banc, a majority of the …
2 years ago 355

Interview Finale: Judge Richard Linn, CAFC

In this final segment of the interview, which appears below, we move into the issues of the day: the changing patent laws and Supreme Court interest in …
2 years ago 2

Interview Exclusive: Judge Richard Linn Part II

In Part I of the interview we discussed Judge Linn’s early interest in patent law and how he found himself appointed to replace the recently deceased …
2 years ago 0

Exclusive Interview: Judge Richard Judge Linn of the CAFC

Those in the industry know that Judge Linn is one of a small group of Judges who are patent attorneys. He is one of us in so …
2 years ago 2