Posts Tagged: Judge Richard Taranto


CAFC: Patent Claim Directed to Concrete Assignment of Specified Functions is Patent Eligible

The Federal Circuit recently reversed the Western District of Washington’s dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure where the district court held …

Federal Circuit Holds a ‘Similar Enough’ Claim Construction Doesn’t Violate the APA

In Hamilton Beach Brands v. F’Real Foods, the Federal Circuit found that under the Administrative Procedure Act, the Patent Trial and Appeal Board’s adopted claim …

Federal Circuit Vacates PTAB Decision That Video Messaging Patent Claims Were Nonobvious

The Federal Circuit panel of Circuit Judges Timothy Dyk, Evan Wallach and Richard Taranto determined that the PTAB’s decision to uphold patent claims challenged by WhatsApp …
By Steve Brachmann
13 days ago 6

Federal Circuit Vacates PTAB’s Decision to Uphold Enthone Patent

The Federal Circuit recently issued a nonprecedential decision in BASF Corporation v. Enthone, Inc. which vacated an earlier decision stemming from an inter partes review (IPR) proceeding …
By Steve Brachmann
1 month ago 4

Rule 36 Affirmances at the Federal Circuit – Week of October 8, 2018

During the week of October 8, 2018,  there were five cases involving patents that were decided without an opinion as a result of Rule 36 affirmances at the United States …
By Steve Brachmann & Gene Quinn
2 months ago 11

To invalidate method claims a challenger must show more than the prior art is ‘capable of’ performing the claimed limitations

To invalidate method claims, a challenger must show more than that the prior art is “capable of” performing the claimed limitations—the challenger should also show that “…

Federal Circuit: Presence of a Blocking Patent Can Negate Strong Objective Indicia of Nonobviousness

The United States Court of Appeals for the Federal Circuit recently issued a ruling affirming a district court’s finding that certain pharmaceutical patent claims owned by …

Federal Circuit Vacates PTAB Decision for Failure to Consider Ericsson Reply Brief

In its decision, the Federal Circuit noted that the PTAB is entitled to strike arguments improperly raised in a reply brief under 37 CFR § 42.23(b). However, the appellate …
By Steve Brachmann
3 months ago 0

Board Decision Vacated Due to §315 Time-Bar Despite USPTO Intervention

The Federal Circuit recently issued a decision that once again addressed the issue of whether an IPR was time-barred. The Court vacated the final written decision of …

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 …

Claim reciting results achieved by general computer technology directed to unpatentable abstract idea

In Interval Licensing LLC v. AOL, Inc., the Federal Circuit affirmed a judgment finding patent claims asserted by Interval Licensing LLC failed to recite patent-eligible subject matter …

No Light at the End of the Tunnel, Not Even Close

It’s been over eight years since the Supreme Court issued its Bilski v Kappos decision, over six years since the Supreme Court issued its Mayo v. …

Nasal Spray Patents Covering Migraine Drug Zomig Not Invalid As Obvious

The sole question on appeal was whether it would have been obvious to make zolmitriptan into a nasal spray. The Federal Circuit agreed with the district court …

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