Posts Tagged: Judge Alan Lourie


Court Lacks Jurisdiction to Review if Assignor Estoppel Precludes PTAB from Instituting IPR

The Federal Circuit dismissed Husky’s appeal, finding that it lacked jurisdiction to review the Board’s determination of whether assignor estoppel barred institution of an inter …

Federal Circuit Affirms Disqualification of Counsel, Dismissal of Complaint Based on Confidential Information

Schlumberger raised Rutherford’s potential conflict of interest to the court in April 2014, and subsequently filed a motion to disqualify Dynamic’s counsel. The district court found …

PTAB arbitrary and capricious in denying motion to amend in IPR

In the final decision by the Board in the IPR, the Board denied the patent owner’s motion solely because the patent owner did not discuss whether …
By Gene Quinn
1 month ago 5

Negotiation to Sell Products Outside the US is not an Infringing Offer for Sale

The Federal Circuit again addressed whether Pulse’s domestic sales activities were either a sale or an offer for sale in the U.S. While the patent …

Federal Circuit Vacates District Court’s Determination on Personal Jurisdiction

Polar argued on appeal that the district court erred in finding that Suunto did not have sufficient contacts in Delaware. The Court agreed with Polar. The Court …

Federal Circuit Affirms Registration of MAYARI over Opposition from MAYA Trademark Holder

Oakville Hills Cellar, Inc. (“Oakville”), doing business as Dalla Valle Vineyards, appealed from the decision of the Trademark Trial and Appeal Board (TTAB) of the United States …

Objectively Unreasonable Claim Construction does not Avoid Induced Infringement

In light of Commil, the Supreme Court granted certiorari, vacated the judgment, and remanded the case to the Federal Circuit... First, the Court concluded that Warsaw’s …

Patent’s Non-Standard Use of “Fractionation” Limits Scope of the Claims

The Court found that “fractionation” referred only to distillation-based techniques. The specification’s use of the term “fractionation” controlled even if the definition was idiosyncratic. By that …

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
6 months ago 5

Federal Circuit affirms district court’s summary judgment of non-infringement

Akzo appealed from the decision of the district court (Chief Judge Leonard Stark) to grant summary judgment to Dow, which found that Dow did not infringe the …
By Gene Quinn
7 months ago 2

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 …

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: Defendant had no notice of intent to pursue patent rights in US after foreign proceedings

Each week, we succinctly summarize the preceding week of Federal Circuit precedential patent opinions. We provide the pertinent facts, issues, and holdings. Our Review allows you to …

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
7 months ago 36

A District Court May Enhance Lodestar Attorneys Fee Award Only For Relevant Reasons

The Federal Circuit held that the district court failed to provide a proper justification for enhancing the amount by a multiplier of two. The basis for this …