Posts in Federal Circuit


Inventor Asks Supreme Court to Review CAFC Decision on MPEP Rule Allowing Reopening of Examination After Appeal

On April 10, inventor Gilbert Hyatt and the American Association for Equitable Treatment (AAET) filed a petition for writ of certiorari with the U.S. Supreme Court asking …
By Steve Brachmann
1 day ago 1

Reactions Roll in On Congress’s Proposed 101 Framework: ‘The Right Approach’ or ‘A Swing and a Miss’?

Yesterday, members of congress announced in a press release a proposed framework to fix patent eligibility law in the United States.Reactions to the framework were mixed. …
By Eileen McDermott
4 days ago 46

Iancu v. Brunetti: Lawyers Weigh In On Fate of Scandalous Trademarks

In Iancu v. Brunetti (Case No. 18-302), the United States Patent and Trademark Office (USPTO) is appealing to the Supreme Court from a U.S. Court of …
By IPWatchdog
5 days ago 2

Invest Pic v. SAP America, Inc. Amicus Brief Takes on CAFC’s ‘Physical Realm’ Test

Among the seven amicus curiae briefs filed Monday with the U.S. Supreme Court in InvestPic, LLC, v. SAP America, Inc., Eagle Forum Education & Legal Defense Fund’…
By James Edwards
5 days ago 7

Tam 2.0? SCOTUS Likely to Strike Down Bar on Immoral/Scandalous Marks in Iancu v. Brunetti

Following our visit to the Supreme Court for Monday’s entertaining oral argument in Iancu v. Brunetti, we can report that the Court seems likely to strike …

Federal Circuit Vacates and Remands District Court’s Infringement and Willfulness Findings in Omega Patents v. CalAmp

On April 8, the Court of Appeals for the Federal Circuit issued a precedential decision in Omega Patents, LLC v. CalAmp Corp. that reversed and vacated a district …
By Steve Brachmann
7 days ago 1

Patent Eligibility of Medical Diagnostic Inventions: Where Are We Now, and Where Are We Headed?

In each of the recent Federal Circuit decisions on medical diagnostics inventions, Athena Diagnostics v. Mayo Collaborative Services, 2017-2508, (Fed. Cir. Feb. 6, 2019) (“Athena”) and Cleveland Clinic Found. …

Strategies for Preparing Infringement and Validity Opinions

A company must be strategic in any business decision it makes in order to ensure that it takes the necessary measures to avoid liability for its actions. …
By Matthew Epstein
9 days ago 5

Other Barks & Bites for Friday, April 12: Global Music Copyright Revenues Up, Copyright Office Examines Online Infringement Issues, and China’s ‘Reverse Patent Troll’ Problem

This week in other IP news, recently released data shows that worldwide revenues for music copyright exceeded $28 billion in 2017, up $2 billion over 2016; reports surface about the  “reverse …
By IPWatchdog
10 days ago 0

Tillis/Coons Letter Underscores That More Can Be Done to Save the U.S. Patent System

Senators Thom Tillis (R-NC) and Chris Coons (D-DE) have written U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu raising a concern about what can really …
By Gene Quinn
10 days ago 2

Invitation to Join Amicus Brief in Federal Circuit Rehearing of Athena Diagnostics v. Mayo

Athena Diagnostics filed a petition for en banc rehearing of the United States Court of Appeals for the Federal Circuit’s decision in Athena Diagnostics v. Mayo …

Federal Circuit Overrules PTAB Again in ATI Technologies ULC v. Iancu

Earlier today, the United States Court of Appeals for the Federal Circuit overruled the determination of the Patent Trial and Appeal Board (PTAB) in three separate IPR …
By Gene Quinn
11 days ago 2

Startups with Patents are the Ultimate Anti-Monopoly

Patents are often referred to as monopolies. But that is a fundamental misunderstanding of how patents work to enhance competition. The truth is that a patent is …
By Paul Morinville
13 days ago 22

Reflections Upon Disagreeing with Judge Paul Michel

Recently, I’ve written several articles laying the blame for the patent eligibility crisis squarely on the Federal Circuit. Yes, we all know the Supreme Court is …
By Gene Quinn
13 days ago 15

Scott Elmer, St. Jude Children’s Research Hospital On the ‘Sea Change’ in Diagnostics Patent Strategies

Scott Elmer is Director, Office of Technology Licensing, at St. Jude Children’s Research Hospital, one of the leading pediatric cancer hospitals in the country. The institution …
By Eileen McDermott
14 days ago 4