Posts Tagged: Judge Kara Stoll


Supreme Court Refuses Another 101 Patent Eligibility Appeal

REAL argued in its petition that step two of the Alice test used to determine invalidity under Section 101 requires questions of fact that were never asked by …
By Steve Brachmann
3 days ago 19

Judge Stoll tells AIPLA Alice/Mayo ‘a difficult line of cases to administer’

Judge Kara Stoll: 'As somebody who has worked in patents for a long time I realize it can be very difficult for clients where you’ve invested …
By Gene Quinn
19 days ago 9

Service Starts § 315(b) Time-Bar Even If Complaint Involuntarily Dismissed Without Prejudice

In Bennett Regulator Guards, Inc. v. Atlanta Gas Light Co. the Federal Circuit ruled the time-bar for filing a petition for inter partes review in Section 315(b) …

Federal Circuit Reverses, Finds Opioid Addiction Treatment Patent Nonobvious

The Federal Circuit reversed the District of Delaware’s decision to invalidate Orexo’s opioid treatment patent as obvious because obviousness was not proved by clear and …

The Federal Circuit’s Hidden Agenda

One might naturally expect that, if a rejection under § 101 appealed from the PTAB failed to address all the claim limitations and had zero supporting evidence to determine …

IPR Time-Bar Applies Even If Patent Infringement Suit Voluntarily Dismissed

In Click-To-Call Technologies v. Ingenio, Inc., Yellowpages.com, LLC, the Federal Circuit, sitting en banc, held §315(b) precludes IPR institution when the IPR petitioner was served with …

Judge Taranto, Meet Judge Taranto

Contrary to Judge Taranto’s position, not only does the McRO claim not produce a physical improvement to a display (contrast In re Allapat), but as can …

En banc CAFC: Patent applicant Not required to pay PTO attorney fees in District Court appeal

NantKwest filed suit in district court under 35 U.S.C. § 145 to contest the PTO’s rejection of its patent application. The USPTO prevailed and filed a motion …

Burden to Prove Patentability of Proposed Amended Claims Improperly Shifted to Patent Owner in IPR

The Federal Circuit found that substantial evidence supports the Board’s conclusion that a person of ordinary skill in the art would have been motivated to combine …

No blanket prohibition against the introduction of new evidence during an inter partes review

There is no blanket prohibition against the introduction of new evidence during an inter partes review proceeding, indeed new evidence should be expected. A petitioner can introduce …

Foreign Defendant Subject to Personal Jurisdiction for Purposely Directing Activities to the U.S.

The Federal Circuit held that it would be reasonable and fair to exercise specific personal jurisdiction over DAL because the United States has an important interest in …

Federal Circuit Affirms Dismissal of Patent Challenges Filed by Drug Consumer

AIDS Healthcare Found., Inc. v. Gilead Scis., Inc., the Federal Circuit affirmed the dismissal of patent challenges filed by drug consumers. The Court noted that a declaratory …

Inequitable Conduct Renders ’993 Patent Unenforceable

In Energy Heating v. Heat On-The-Fly, the court did not abuse its discretion in finding clear and convincing evidence that the inventor knew that the prior uses …

Reexam Claim Construction Thwarts Subsequent Infringement Claim

In 01 Communique Lab v. Citrix Systems, the Federal Circuit rejected Communique’s appeal. The court properly relied on a comparison of the allegedly infringing GoToMyPC product to …

CAFC Remands Medinol Patent Suit Against Cordis After SCOTUS Overturns Laches Finding

On Thursday, April 20th, the Court of Appeals for the Federal Circuit issued a decision in Medinol Ltd. v. Cordis Corporation et. al. which vacated and remanded …
By Steve Brachmann
6 months ago 1

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