Posts Tagged: Chief Judge Sharon Prost


Cisco Successfully Invalidates Patent for Lack of Written Description

Cisco challenged Cirrex’s patent via inter partes reexamination, asserting a lack of written description. The Board affirmed the Examiner’s findings, that the patent, as amended, …

Federal Circuit Refuses to Overturn District Court’s Award of Attorney Fees to Dow

The Court disagreed that the district court’s sole basis for finding exceptional circumstances was that NOVA filed an action in equity. The Court noted that the …

En Banc Federal Circuit Dodges PTAB Constitutionality

Patlex, which dealt with reexamination of applications by an examiner — not by an Article I tribunal — could be considered a next step beyond McCormick. MCM, however, simply …
By Gene Quinn
8 days ago 38

Federal Court validity decisions do not bind the PTAB

On appeal, Novartis argued that the PTAB unlawfully reached different conclusions than the Federal Circuit and U.S. District Court for the District of Delaware in addressing …

Federal Circuit OKs PTAB invalidating patent claims prior litigation confirmed as valid

Patent claims being adjudicated valid in federal district court and then being killed in an administrative proceeding at the PTAB is exactly the problem so many of …
By Gene Quinn
2 months ago 23

Federal Circuit Affirms Patent Invalidity and District Court’s Denial of Post-Judgment Motions

The Federal Circuit heard the case on TVIIM, LLC v. McAfee, Inc. A unanimous panel of the Federal Circuit affirmed jury determinations of non-infringement and patent invalidity …

Federal Circuit grants Google mandamus petition to transfer patent case out of Eastern Texas

The Federal Circuit granted a mandamus petition filed by Google and ordered a Texas federal court to transfer a patent infringement case to a federal court that …
By Gene Quinn
3 months ago 20

Teva Liable for Induced Infringement of Eli Lilly’s Lung Cancer Drug ALIMTA

The Federal Circuit’s decision in Akamai V broadened the circumstances in which the actions of others may be attributed to a single actor to support liability …

Patent Territoriality: Is the IP World Getting Flatter?

It is a ubiquitous concept that U.S. IP rights cannot extend beyond the territorial borders of the U.S. But the IP world may be in …
By Tamany Bentz
5 months ago 4

CAFC Vacates TTAB, Refuses Bright-Line Rule to Distinguish Software from Services Rendered

The Federal Circuit vacated the Trademark Trial and Appeal Board’s (“Board”) cancellation of two JobDiva service mark registrations—one in whole and the other in part—…

CAFC Remands Injunction Against Dismissed Party, Affirms Infringement and Validity

A district court does not have authority to issue an injunction against a party not adjudicated to be liable for infringement in the underlying case unless that …

Federal Circuit Finds District Court Mischarged the Jury on Induced Infringement

This case concerns ongoing disputes between Power Integrations and Fairchild Semiconductors. The companies sued each other in Delaware, each asserting infringement of multiple patents by the other. …

Light on analysis, heavy on conclusion, no claim construction, CAFC rules claims ineligible

How patent claims can be invalidated without a proper and thorough claim construction is baffling. It flies in the face of everything patent law stands for and …
By Gene Quinn
6 months ago 78

Federal Circuit Affirms Anticipation Based on Converting Units of Measure; Remands for Consideration of Prior Conception

Neste filed a petition for inter partes review of REG’s U.S. Patent No. 8,231,804 (‘804 patent) and the Patent Trial and Appeal Board ultimately found all of …

Federal Circuit denies en banc rehearing, IPR proceedings can be instituted for less than all of the challenged claims

The Federal Circuit denied appellant SAS’s petition for rehearing en banc from a decision by the Patent Trial and Appeal Board, without an explanatory opinion. Judge …