Posts Tagged: Judge Evan Wallach


Sending Infringement Notice Letters May Create Personal Jurisdiction

The United States Court of Appeals for the Federal Circuit recently reversed a district court’s grant of motion to dismiss a declaratory judge action against Plano …

CAFC Refuses to Find Post-URAA Patent to be Invalidating Reference Against Pre-URAA Patent

The Federal Circuit recently reversed a decision by the United States District Court for the District of Delaware holding that a patent filed after the Uruguay Round …

Defensive Collateral Estoppel Applies Only if Essentially Identical Accused Product Found Non-infringing

In its opinion, the Federal Circuit explained that defensive collateral estoppel of non-infringement applies in very limited circumstances where “a close identity exists between the relevant features …

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
2 months ago 6

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
2 months ago 19

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The Federal Circuit recently issued a nonprecedential decision in BASF Corporation v. Enthone, Inc. which vacated an earlier decision stemming from an inter partes review (IPR) proceeding …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
3 months 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
3 months ago 11

Federal Circuit: Attorneys Not Liable for Attorney’s Fees Where Law is Unsettled

A claim is entirely without color when it lacks any legal or factual basis.  Because of the relative paucity of § 101 cases between Alice and AlphaCap’s complaint, …

CAFC: Hyatt APA Challenges Time-Barred and Based on Incorrect Statutory Interpretation

The Federal Circuit recently issued an opinion in a decades-longbattle over the microcomputer patent applications of Mr. Hyatt, the named inventor on more than 70 issued patents and …

Patents Directed to Database Organization of Information Affirmed Invalid

The Federal Circuit continues to focus on the distinction between an improvement in computer capabilities and an abstract idea for which computers are invoked merely as a …

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 …

CAFC Upholds 101 Invalidation of Database Claims on Summary Judgment Despite Berkheimer

On Wednesday, August 15th, the Court of Appeals for the Federal Circuit issued a precedential decision in BSG Tech LLC v. BuySeasons, Inc. which upheld a decision …
By Steve Brachmann
5 months ago 15

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 …