Posts Tagged: Judge Haldane Robert Mayer


CAFC: Software means plus function claims Indefinite for failure to disclose algorithm

The Court also affirmed that the this means-plus-function term was indefinite. In the case of computer-implemented functions, the specification must disclose an algorithm for performing the claimed …

Using a European technical effect approach to software patent-eligibility

Unlike Judge Chen’s breadth-based approach, Judge Hughes appears to adopt the proposal of using the European technical effect ( or “technological arts”) analysis to determine whether a …
By John M. Rogitz
2 months ago 3

Federal Circuit Affirms District Court on Finding of Assignor Estoppel

The Court affirmed that B/E could not challenge the validity of MAG’s patents, because of assignor estoppel. In this case, MAG acquired the patents by …

Forum non conveniens not appropriate because foreign courts cannot adjudicate US infringement

Halo sued Comptoir for infringing a large number of U.S. design patents, copyrights, and one common-law trademark relating to a number of Halo’s furniture designs. …

Federal Circuit Vacates Board’s IPR Decision on Patentability of Substitute Claims

Finally, the Court held that the Board’s denial of Nike’s motion to amend for failure to show patentable distinction over “prior art not of record …

Nike v. Adidas: Federal Circuit refines PTAB motion to amend practice in inter partes review

The USPTO argued that at the heart of the requirement that substitute claims be patentable over prior art not of record but known to the patentee is …
By Gene Quinn
7 months ago 2

USPTO Decision to Disclose Unpublished Patent Application is Judicially Reviewable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 …

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 …
By Gene Quinn
2 years 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 …
By Gene Quinn
2 years 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 …
By Gene Quinn
2 years 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 …
By Jon Muskin
3 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 …
By Gene Quinn
4 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 …
By Gene Quinn
5 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 …
By Gene Quinn
6 years ago 8