Posts in Federal Circuit


The U.S. Patent System is Still Worth Saving

Much deserved criticism has been leveled at the U.S. patent system in the last decade or so, from all sides. No one branch of the system …
By John White
6 days ago 23

Alice-Insanity (Part Three): How the Star Chamber of Madison Place Violates Basic Principles of Collateral Estoppel

As stated in Part One of this series, the Fifth Amendment of the U.S. Constitution guarantees, inter alia, that no person shall be deprived of property (…

Patent Filings Roundup: Judge Albright Hits Back at Federal Circuit; APJ Urges Board to Consider Litigiousness Under Fintiv; PTAB Reverses Fintiv Denial after ITC Termination

District court patent filings this week remained slightly elevated, at 78, with a fair number of Rothschild, Raymond Anthony Joao, and Jeffrey Gross entities filings complaints; but oddly—…
By Jonathan Stroud
12 days ago 8

Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted …
By Kayla O'Leary & John Cordani
12 days ago 1

Google Wins Transfer as CAFC Continues Mandamus Spree Against Albright

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday continued its trend of granting mandamus directing Judge Alan Albright of the U.S. …
By Eileen McDermott
13 days ago 1

CAFC Emphasizes the Importance of Contract Principles in Arbitrability Determination

On November 12, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the U.S. District Court for the Northern District of …
By Logan Murr
13 days ago 0

B.E. Technology Dubs IPR Process a ‘Kafkaesque Nightmare’ in Mandamus Petition to CAFC

B.E. Technology, a company owned by Martin David Hoyle, developer of internet advertising technology who has been embroiled in litigation with big tech companies like Facebook, …
By Eileen McDermott
14 days ago 14

CAFC Vacates TTAB Finding of No Fraud on the USPTO, Citing Two Legal Errors

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday, November 12, vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) …
By Eileen McDermott
16 days ago 0

Federal Circuit Again Dismisses Apple Appeal of PTAB Rulings for Qualcomm; Newman Dissents

The U.S. Court of Appeals for the Federal Circuit (CAFC) today dismissed Apple, Inc.’s appeal of four decisions of the Patent Trial and Appeal Board (…
By Eileen McDermott
19 days ago 2

Federal Circuit Affirms Dismissal of Celgene’s Hatch-Waxman Suit Against Mylan, Clarifying Venue and Pleading Requirements

On November 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Celgene Corp. v. Mylan Pharmaceuticals Inc. affirming a ruling …
By Steve Brachmann
21 days ago 3

Alice Insanity (Part Two): How the Dunning-Kruger Effect Influences the Outcome of Federal Circuit Decisions

The Dunning-Kruger effect is often defined as a type of cognitive bias whereby people are prone to vastly misjudge their competence. For example, smart and capable people …

CAFC Reverses PTAB Obviousness Ruling, Clarifying ‘Reasonable Expectation of Success’ Standard

On November 4, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a decision by the U.S. Patent and Trademark Office’s Patent Trial …
By Matthew Schutte
24 days ago 8

Patent Litigation in the United States, 1980 to 2020

Is patent litigation out of control? Has patent litigation ever been out of control? The answers to these questions largely depend upon your point of view, and …
By Gene Quinn
25 days ago 9

Biden Names Delaware Judge Leonard Stark to Replace O’Malley on CAFC

President Joe Biden today announced that Judge Leonard Stark of the United States District Court for the District of Delaware is his latest nominee for the U.…
By IPWatchdog
26 days ago 17

Pro-Apple TTAB Bias Case Heats Up at CAFC

Following a motion filed in mid-October with the U.S. Court of Appeals for the Federal Circuit (CAFC) accusing the United States Patent and Trademark Office (USPTO) …
By Eileen McDermott
27 days ago 1