Posts in Courts


Patent Filings Roundup: Dozens of Patents DJed Under Alice; Counterfeit Kids’ Bikes Challenged; Board Refuses Non-Fintiv Policy Arguments

District court filings were low this week with 49, a substantial percentage of which were filed against small or medium-sized companies by IP Edge or Leigh Rothschild-owned subsidiaries.  …
By Jonathan Stroud
1 hour ago 0

Federal Circuit Reinstates Jury Verdict Finding Claims of Biogen’s MS Drug Were Anticipated

On Monday, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Biogen MA, Inc. v. EMD Serono, Inc., reversing the U.…
By Steve Brachmann
6 hours ago 0

The FTC Should Give Up Its Doomed Fight with Qualcomm and Adopt Delrahim’s New Madison Approach

The Federal Trade Commission (FTC) just can’t take “no, you’re wrong” for an answer. Despite its embarrassing reversal by the Ninth Circuit Court of Appeals …
By James Edwards
23 hours ago 1

CAFC: Parties Joined in IPRs are Not Estopped from Raising New Invalidity Grounds in District Court

On September 24, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part and reversed-in-part the U.S. District Court for the Eastern District of Texas’…
By IPWatchdog
1 day ago 0

California Court’s Finding of Fair Use for Nicki Minaj Affirms Public Benefit of Artistic Experimentation

In a ruling earlier this month, U.S. District Judge Virginia A. Phillips of the Central District of California granted partial summary judgment in favor of Onika …
By Steve Brachmann
1 day ago 0

Federal Circuit Shoots Down Apple Bid to Strike Certain Voip-Pal Claims Upheld by PTAB

In the latest episode of a long-running saga between Apple and Voip-Pal, the U.S. Court of Appeals for the Federal Circuit on Friday denied Apple’s …
By Eileen McDermott
3 days ago 3

‘Lead Development’ in Compound Claim Challenges

In an earlier article, “Tips for Selecting a ‘Lead Compound’ in Compound Claim Challenges,” I introduced an approach derived by U.S. federal courts called the “lead …
By Amit Tailor
4 days ago 2

UK Judge Upholds Refusal of DABUS Patents

In the latest decision regarding inventions made by the DABUS artificial intelligence machine, the England & Wales High Court has upheld two decisions of the UK Intellectual Property …
By James Nurton
6 days ago 3

Google’s Fair Use Shell Game

Google has admitted it copied over 11,000 lines of Oracle’s creative Java code to build its Android smartphone platform, that it makes commercial use of the code …
By Steven Tepp
6 days ago 3

Patent Filings Roundup: Clash of Clans Conflict Continues; First ANDA-Related Pharmaceutical Patent Discretionary Denial; Freedom-to-Operate Action on Synthetic Peptide Tech

District court patent filings bounced back this week to 86, while the Patent Trial and Appeal Board (PTAB) saw a slight jump to 44, fueled in part by eight …
By Jonathan Stroud
7 days ago 0

AAM v. Neapco Comes Full Circle: The Foundation of Invention Becomes its Trap (Part II)

In Part I of this article, we briefly summarized how O’Reilly v. Morse was relied upon in the denial for rehearing in the recent case of …
By N. Scott Pierce
8 days ago 3

Morse Code: Is There a Message Behind the Federal Circuit Split in American Axle v. Neapco? (Part I of II)

It may seem surprising that the patent eligibility of making an axle for a motor vehicle could be so divisive among judges of a court tasked by …
By N. Scott Pierce
9 days ago 9

Gathering Business Data? Be Careful, Mom is Watching – A Comment on Data Scraping and the Compulife Case

When people say that “data is the new oil,” they’re talking about new ways of creating wealth. No matter what business you’re in, success today …
By James Pooley
10 days ago 6

Recent Trademark Developments: Four Cases Shaping the Law in the United States and Beyond

Trademark law has seen substantial developments in 2019 and 2020, with four major cases in the United States and Europe rising to the top. The U.S. Supreme Court (…
By Nancy Braman
11 days ago 0

Packet Intelligence Asks CAFC to Rehear Panel Analysis on Patent Marking Under Arctic Cat

Packet Intelligence, LLC has filed a combined request for rehearing and rehearing en banc with the U.S. Court of Appeals for the Federal Circuit, asking the …
By Eileen McDermott
13 days ago 0