Posts Tagged: Judge Prost


CAFC overturns jury verdict, patent obvious because prior art would yield a predictable result

Applying KSR, the Federal Circuit concluded that combining elements from the cited prior art would have yielded a predictable result, namely the system fan would activate periodically …
2 days ago 0

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 …
10 days ago 1

Plaintiff Waives Infringement Under Proper Claim Construction

The Federal Circuit issued a decision in CardSoft v. Verifone, which the Court overturned the district court’s claim construction. Overturning a district court’s claim construction …
10 months ago 7

CAFC Can’t Review Vermont Demand Letter Enforcement

The Federal Circuit, per Judge Newman and with Chief Judge Prost and Judge Hughes, found that the Federal Circuit lacked jurisdiction to hear the appeal from a …
1 year ago 7

Judge Michel Speaks on the Future of the Federal Circuit

Judge Michel: "I’m aghast at the suggestions that are made in some blogs that the Federal Circuit be abolished. The idea that you need more so-called …
1 year ago 4

CAFC Surprise: Rader Stepping Down as Chief Judge

Chief Judge Randall R. Rader today announced that he will step down as Chief Judge of the United States Court of Appeals for the Federal Circuit on …
1 year ago 4

CAFC OKs Transfer Despite Forum Selection Clause

In a non-precedential opinion issued October 18, 2013, the Federal Circuit decision calls into question the overall utility of forum selection clauses in contractual relationships. In fact, Eli Lilly …
2 years ago 5

Apple, Samsung Get to Keep Financial Documents Confidential

Last week the United States Court of Appeals for the Federal Circuit issued a decision in the latest appeal in the Apple/Samsung epic patent battle. See …
2 years ago 4

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

Troll Turning Point? Federal Circuit Breathes Life into Rule 11

This is very good news for defendants and for the patent system. If Rule 11 is actually enforced against those who sue without a reasonable basis the bad …
3 years ago 6

Kappos, Prost, Armitage and Dickinson Discuss AIA at AIPLA

Kappos on final rules to implement the AIA: "We put together a good set of rules, but they are by no means a perfect set of rules." …
3 years ago 6

CLS Bank v Alice – Federal Circuit Orders en banc Rehearing

It is arguable that neither view is beyond criticism and that any emergent legal test as to patent-eligibility demands further development. There is much to commend the …
3 years ago 9