Posts Tagged: Judge Newman


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

In re Jeffrey Hubbell: An Inventor Changing Jobs Creates Double Patenting Problem

Hubbell argued that obviousness-type double patenting is not appropriate where the application and the conflicting claim (1) share common inventors but do not have identical inventive entities, (2) were …
2 years ago 5

Hall v. Bed Bath & Beyond: Design Infringement Can Proceed

BB&B initially moved to dismiss Hall’s complaint in accordance with Federal Rule of Civil Procedure 12(b)(6) – failure to state a claim on which relief can …
3 years ago 0

CAFC Favors Non-Practicing Entities on “Domestic Injury”

Recently the Federal Circuit, sitting en banc, denied Nokia’s petition for rehearing. The Federal Circuit decision is nevertheless interesting for its treatment of Section 337’s “domestic …
3 years ago 1

AIPLA Honors Judge Newman with Excellence Award

Judge Richard Linn: "It is a pleasure for me to have the opportunity to honor my colleague and my dear friend, Judge Pauline Newman. To say that …
3 years ago 2

Outside The Box Innovations v. Travel Caddy: Is a Misstatement of Small Entity Status Per Se Material to Patentability?*

In partially dissenting, Judge Newman’s beef with per curiam panel opinion on the small entity status issue was in “declin[ing] to correct the district court’…
3 years ago 2

Divided Infringement Uncertain Despite en banc Ruling by CAFC

Recently the Federal Circuit has been interpreting 25 U.S.C. 271(b) to mean that unless the accused infringer directs or controls the actions of the party or …
3 years ago 1

Santarus v. Par Pharmaceutical: Rader and Newman Disagree on Written Description Support for Negative Limitations

Last week the Federal Circuit decided the case of Santarus, Inc. v. Par Pharmaceutical, Inc., which dealt with whether a drug covered by an Abbreviated New Drug …
3 years ago 13

The Discordant En Banc Ruling in Akamai Technologies and McKesson Technologies Part II*

In challenging the correctness of the per curiam majority ruling, Judge Linn’s dissenting opinion makes four points. Point No. 1 is that the per curiam majority’s …
3 years ago 2

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