Posts in Federal Circuit


Yu v. Apple Settles It: The CAFC is Suffering from a Prolonged Version of Alice in Wonderland Syndrome

Alice in Wonderland syndrome is a medical condition for which there is no known treatment. It causes a disturbance of perception and has a serious impact on …
By Gene Quinn
7 hours ago 1

American Axle is the Supreme Court’s Chance to Give Patent Eligibility a Tune-Up

As I write this, the United States Supreme Court is deciding whether to grant certiorari in the American Axle case, setting the stage for another sea change …
By Dominic Frisina
4 days ago 26

Judge Albright Enters New Standing Orders on Motions to Transfer for Conformity with CAFC Mandates

On June 8, U.S. District Judge Alan D. Albright of the Western District of Texas signed an amended pair of standing orders regarding motions to transfer filed …
By Steve Brachmann
5 days ago 0

CAFC Affirms District Court Section 101 Dismissal in Patent Infringement Suit Brought Against Samsung/Apple; Newman Dissents

On June 11, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s grant …
By Nancy Braman
6 days ago 36

CAFC Remands Walker Process Antitrust Issue to Fifth Circuit under Xitronex I Precedent

On June 10, the U.S. Court of Appeals for the Federal Circuit (CAFC) transferred Ronald Chandler et. al. v. Phoenix Services, LLC to the United States Court …
By Matthew Schutte
6 days ago 0

Piercing Halo’s Haze at Year Five: Smoke Clearing on Enhanced Damages

On June 13, 2016, the Supreme Court decided Halo Elecs., Inc. v. Pulse Elecs., Inc., addressing standards for recovery of enhanced damages for patent infringement pursuant to Section 284 of …
By Michael Cicero
7 days ago 4

Biden Nominee Tiffany Cunningham Tackles Tillis’ Questions on IP Issues at the CAFC

President Joe Biden’s nominee for the U.S. Court of Appeals for the Federal Circuit (CAFC), Tiffany Cunningham, yesterday submitted written responses to a series of …
By Eileen McDermott
10 days ago 16

CAFC Affirms District Court Ruling for Amazon on Claim Construction

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the United States District Court for the Northern District of California’s final …
By Butch Laker
13 days ago 0

After Hyatt v. Hirshfeld, it Might Be Time to Pay Attention to Prosecution Laches

Gilbert Hyatt was one of many applicants who filed many patent applications shortly before the June 8, 1995 transition point, where patent terms transitioned from being defined based on 17 …
By Kate Gaudry
14 days ago 13

Five Years after Form 18: Post-Iqbal–Twombly Rule 12(b)(6) and 12(c) Motions to Dismiss Patent Infringement Claims

Today, district courts evaluate whether patent infringement complaints satisfy the plausibility standard under Fed. R. Civ. P. 8 and the Supreme Court’s Iqbal–Twombly standard. Five years …
By Eric Levi
17 days ago 3

CAFC Finds Certain Baxter Telepharmacy Claims Obvious, Reversing PTAB

On May 28, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the Patent Trial and Appeal Board (Board), holding certain claims …
By Logan Murr
18 days ago 0

Jury May Pick Royalty Rate from Range Offered in Expert Testimony

Earlier this year, the Federal Circuit issued a precedential decision in Bayer Healthcare LLC v. Baxalta Inc. in which the court affirmed rulings from the District of …
By Gene Quinn
18 days ago 1

Why SCOTUS’ Decision to Sidestep Copyrightability in Google v. Oracle is Problematic for Cases Involving Command Codes

On April 5, the U.S. Supreme Court held 6-2 that Google’s copying of 11,500 lines of code from the Java SE Application Programming Interface (API) in creating …
By Yeshesvini Chandar
27 days ago 0

CAFC Reverses District Court, Finds California Jurisdiction Proper in Declaratory Judgment Action

On May 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded the dismissal of a declaratory judgment action in an appeal from …
By Nancy Braman
1 month ago 0

Newman Dissents from CAFC’s Refusal to Address Forum Selection Question in New Vision Gaming’s Arthrex Remand

U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman dissented in part from a decision authored by CAFC Judge Moore yesterday, explaining that, …
By Eileen McDermott
1 month ago 4