Posts in Federal Circuit


Drawing Software Patent Drafting Guidance in 2021 from an Unlikely Source: the Federal Circuit

Since the Supreme Court’s Alice decision in 2014, inventors have faced extra hurdles trying to protect their software-related inventions with patents. A chief obstacle has been satisfying …
By Michael Messinger
2 days ago 11

Skidmore-Mead Can Solve the Patent Eligibility Dilemma

Judge Kimberly Moore, in a comprehensive and insightful opinion dissenting from the denial of the petition for rehearing en banc in Athena Diagnostics, Inc. v. Mayo Collaborative …

Supreme Court Will Review Doctrine of Assignor Estoppel

On Friday, the U.S. Supreme Court granted a petition for certiorari filed by Minerva Surgical, Inc. asking the Court to clarify questions around the doctrine of …
By Eileen McDermott
4 days ago 3

Federal Circuit Affirms TTAB Dismissal of QuikTrip’s Opposition to Convenience Store Mark

On January 8, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States Patent and Trademark Office, Trademark Trial and …
By IPWatchdog
4 days ago 0

Alice in 2020: Slashing Software Patents and Searching for Functional Language at the Federal Circuit (Part II)

In Part I of this article, I explained that the CAFC invalidated almost every software patent on appeal for eligibility in 2020 and recapped the first 13 such cases …
By Theodore Rand
5 days ago 3

CAFC Dismisses Appeal as Moot, Prost Dissents in Part

On January 7, the United States Court of Appeals for the Federal Circuit (CAFC) dismissed ABS Global's appeal from the United States Patent and Trademark Office (USPTO) Patent …
By IPWatchdog
5 days ago 1

Federal Circuit Reverses Holding of Infringement Based on Faulty Claim Construction

On January 5, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the U.S. District Court for the Southern District of …
By Rebecca Tapscott
7 days ago 0

Alice in 2020: Slashing Software Patents and Searching for Functional Language at the Federal Circuit (Part I)

Last year was an active one at the United States Court of Appeals for the Federal Circuit (CAFC) for software eligibility. It also was a brutal year …
By Theodore Rand
8 days ago 25

Inventors Have Their Say on PTAB at SCOTUS in Arthrex Amicus Briefs

Eleven amicus briefs were docketed during the last two business days of 2020 in United States v. Arthrex, Inc., et al., which is scheduled for oral argument on …
By Eileen McDermott
9 days ago 5

Federal Circuit Affirms District Court Ineligibility Decision under Alice

On December 29, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s decision dismissing Simio’s patent infringement action against FlexSim …
By IPWatchdog
9 days ago 16

The Patent System is ‘Desperate’: American Axle Implores High Court to Take Up Eligibility Fight

American Axle & Manufacturing, Inc. filed a petition for certiorari with the U.S. Supreme Court on December 28, 2020, asking it to review the Federal Circuit’s July 31, 2020 modified …
By Eileen McDermott
10 days ago 14

One Entrepreneur’s Story: Snapizzi Gets Caught in the Section 101 Snare

In 2015, Randy dela Fuente launched Snapizzi. Randy had bet big, putting his career, savings, and company at risk. Later, Randy brought in a business partner, Chris Scoones, …
By Paul Morinville
10 days ago 18

Federal Circuit Vacates PTAB Holding that Raytheon Patent is Non-Obvious

On December 23, the United States Court of Appeals for the Federal Circuit (CAFC) vacated a decision of the USPTO’s Patent Trial and Appeals Board (PTAB), holding …
By Rebecca Tapscott
10 days ago 0

CAFC Affirms Prosecution History Estoppel Does Not Bar Eli Lilly from Asserting Infringement Under the Doctrine of Equivalents

In Eli Lilly & Co. v. Apotex, Inc., decided last week, the Federal Circuit affirmed a district court finding of infringement under the doctrine of equivalents. The patent …
By Theodore Rand
17 days ago 0

Federal Circuit Reflections, 2020: The Good and (Mostly) Bad

If you’re looking for some positive patent news from 2020, count the heightened civic awareness of our intellectual-property/innovation policies, as a result of the global pandemic, …