Posts in Courts
Legislation Introduced in House to Repeal the PTAB and the AIA
There are 13 sections to Massie’s bill, many of which are geared towards the abolition of various statutes of the AIA. Perhaps the most salient portion of …
The Supreme Crusade to Weaken Patent Rights in America
Over the years the Supreme Court has reached many controversial decisions, but in the patent space they have made statements that demonstrate just how incompetent they are …
Berkheimer, the Administrative Procedure Act, and PTO Motions to Vacate PTAB § 101 Decisions
After several years in which the U.S. Patent and Trademark Office (PTO) did not seem to have an official position on the issue, and many Patent …
Entire Market Value Rule Inappropriate When Patented Feature Not Sole Driver of Customer Demand
Power Integrations, Inc. owns U.S. Patent Nos. 6,212,079 ("the '079 patent") and 6,538,908 ("the '908 patent"). Power Integrations sued Fairchild Semiconductor Corporation and Fairchild (Taiwan) Corporation (collectively "Fairchild") …
Federal Circuit Vacates PTAB’s Determination of CBM Patent After Appeal by Apple and Google
On Wednesday, July 11th, the Court of Appeals for the Federal Circuit issued a decision in Apple v. ContentGuard Holdings vacating a decision by the Patent Trial …
Northern Florida District Judge Decides That Dentist’s Copyright Claims Have No Bite
On June 20th, U.S. District Judge Mark Walker of the Northern District of Florida issued an order on summary judgment which terminated Pohl v. Officite, a …
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 …
Bittersweet Milestone: Ten Million Patents Issued in the US, but What Are They Worth?
Last month, the U.S. Patent Office issued patent number 10,000,000. This historic occasion calls for rethinking our patent system and the future of American innovation... It is …
Did Federal Circuit Fail to Understand the Technology? We Will Never Know Thanks to Rule 36!
But did Judge Reyna really fail to understand the importance that a web page and the page server are not the same thing as the Federal Circuit …
Oracle America v. Google, Free Java: Fair or Unfair?
The Federal Circuit recently decided the case of Oracle America v. Google Inc. To “attract Java developers to build apps for Android,” Google copied the declaring code, …
Federal Circuit Finds TTAB Erred In Determining Genericnessof Coca-Cola’s ZERO Trademarks
On Wednesday, June 30th, the Court of Appeals for the Federal Circuit issued a decision in Royal Crown Company, Inc., et. al. v. The Coca-Cola Company which …
Supreme Court Holds Patent Owners May Recover Lost Profits for Infringement Abroad
In WesternGeco LLC v. ION Geophysical Corp., the U.S. Supreme Court held that patent owners may recover lost foreign profits under §271(f)(2) when the infringing party …
Apple and Samsung Settle Patent Dispute Proving Patent Litigation Doesn’t Hinder Consumer Access
On Wednesday, June 27th, a pair of orders of dismissal, one entered in the District of Delaware and the other entered in the Northern District of California, …
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 …
The Supreme Court, the Federal Circuit, and the Patent Office Walk Out of an Appellate Review Bar: Changing Standards For Appellate Review of IPR Institution Decisions
This article reviews recent Federal Circuit and Supreme Court decisions addressing the scope of appellate review of institution of inter partes review (IPR) by the Patent Trial …
