Posts Tagged: Judge Richard Linn


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
17 days 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 month 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
5 months 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
5 months 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
9 months ago 40

Jury Instruction On Meaning Of Claim Term Cannot Be Challenged After Agreed To By Parties

According to Limelight, the district court’s construction of “tagging” was limited to using a “pointer” or “hook” to prepend or insert a virtual server hostname into …

USPTO Decision to Disclose Unpublished Patent Application is Judicially Reviewable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 …

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 …

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 …

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 …

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” …
By Bryan Wheelock
1 year 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 …
By Gene Quinn
2 years 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. …
By John Kong
3 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, …
By Gene Quinn
3 years ago 17