Eileen McDermott
Posts by Eileen McDermott
Dyk Splits from CAFC Panel on Application of Collateral Estoppel to Inter Partes Reexaminations
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday held that the Patent Trial and Appeal Board (PTAB) incorrectly found certain claims of …
Federal Circuit Affirms District Court Decision Blocking Poultry Chiller Patent Suit Due to Equitable Intervening Rights
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday upheld an Arkansas district court’s decision to grant Morris & Associate Inc.’s motion …
Twist Emerges in Senate IP Subcommittee Leadership for 117th Congress
On Sunday, February 14, U.S. Senate Democratic Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, and Senator Chuck Grassley (R-IA), Ranking Member of the Senate …
Federal Circuit Says Amgen’s Repatha® Patent Claims Require ‘Undue Experimentation’ to Practice
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday upheld the District of Delaware’s grant of judgment as a matter of law (…
Federal Circuit Affirms District Court Finding that Fax/Scanner Patent Claims Are Indefinite
The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday issued a precedential opinion affirming a Delaware district court finding that Infinity Computer Products, Inc.’…
Joint EPO-EUIPO Report Finds SMEs Stand to Benefit Most from IP Ownership
The latest in a series of reports by the European Patent Office (EPO) and European Union Intellectual Property Office (EUIPO) studying IP-intensive industries and their contribution to …
Federal Circuit Reiterates It Will Not Be Bound by USPTO Eligibility Guidance
Earlier today, in cxLoyalty, Inc. v. Maritz Holdings, Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part, reversed-in-part and dismissed-in-part a decision of …
Federal Circuit Says PTAB Failed to Provide Proper Notice to IPR Respondent of Anticipation Theory
The U.S. Court of Appeals for the Federal Circuit (CAFC) on February 1 held in part that the United States Patent and Trademark Office’s (UPSTO) Patent …
US Inventor Backs SCOTUS Petition to Clarify Claim Construction Principles
Inventor advocacy group US Inventor has filed an amicus brief in support of a petition to the U.S. Supreme Court asking the justices to clarify “[w]…
Iancu Says Goodbye, Urges Commitment to ‘American Innovation Renaissance’
One day before Joe Biden was to be inaugurated as the 46th U.S. President, U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu confirmed he …
Ericsson Wins Anti-Interference Injunction Against Samsung in Texas FRAND Case
Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas yesterday issued an order enjoining Samsung Electronics from taking any action to …
Supreme Court Will Review Doctrine of Assignor Estoppel
On Friday, the U.S. Supreme Court granted a petition for certiorari filed by Minerva Surgical, Inc. asking the Court to clarify questions around the doctrine of …
Judge Rader Champions Chinese Courts, Samsung Responds to Ericsson in ED of TX/China FRAND Suit
In contrast to his one time colleague, former Federal Circuit Chief Judge Randall Rader earlier this month filed a Declaration supporting Samsung Electronics in its Opposition to …
Inventors Have Their Say on PTAB at SCOTUS in Arthrex Amicus Briefs
Eleven amicus briefs were docketed during the last two business days of 2020 in United States v. Arthrex, Inc., et al., which is scheduled for oral argument on …
The Patent System is ‘Desperate’: American Axle Implores High Court to Take Up Eligibility Fight
American Axle & Manufacturing, Inc. filed a petition for certiorari with the U.S. Supreme Court on December 28, 2020, asking it to review the Federal Circuit’s July 31, 2020 modified …