Posts Tagged: Chief Judge Mayer


USPTO Decision to Disclose Unpublished Patent Application is Judicially Reviewable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 …
2 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 …
9 days ago 0

Ultramercial Patent Claims Invalid as Abstract Ideas

While there can be disingenuous arguments made about the abstractness of a media product or a sponsor message, who in their right mind could ever even suggest …
10 months ago 49

Is there an Anti-Patent Bias at the Federal Circuit?

The label "anti-patent" is not meant as a criticism or insult. Instead I mean it is a purely descriptive way that recognizes a distinct and very real …
10 months ago 30

Federal Circuit Ignores Jury Finding of Non-Obviousness

This is just another example of the Federal Circuit substituting its own decision for that of the decision maker at the district court level. It is one …
1 year ago 14

Judge Mayer Just Doesn’t Like Business Method Patents

Alexsam, Inc. v. IDT Corporation is a non-remarkable patent infringement decision with a remarkable dissent. What is noteworthy about the case is not the majority opinion, but …
2 years ago 11

Flashback Seagate: Indifference to Patent Rights of Innovators

After dispatching with Underwater Devices the Federal Circuit announced the new rules, which requires at least a showing of objective recklessness in order to support a finding …
3 years ago 4

Indicia of Extortion – Federal Circuit Slams Patent Troll

It was also determined that the underlying patent litigation was brought for no other reason than to extract nuisance payments despite the fact that there was no …
4 years ago 9

Judge Kathleen O’Malley Finally Confirmed by Senate for CAFC

Judge Kathleen O'Malley was confirmed by the United States Senate earlier today. O'Malley's confirmation, along with the confirmation of 18 others in recent days, is the result of …
5 years ago 8

Looking Ahead to TiVo v. Dish at the Federal Circuit

Putting aside my disdain for the Supreme Court stepping into patent matters of any kind, what does seem clear is that the Supreme Court wants to pretend …
5 years ago 9

TiVo Stock Surges Over 50% on Patent Decision in EchoStar Case

TiVo, Inc. (NASDAQ: TIVO), owner of U.S. Patent 6,233,389, titled “Multimedia Time Warping System,” was a big winner today at the United States Court of Appeals for …
5 years ago 3

Judge Rader Doth Protest Too Much in Media Technologies

Normally, I find Judge Rader, the heir apparent for Chief Judge of the Federal Circuit, to write cogently and persuasively, even in dissent. Witness his withering blast …
5 years ago 25