Posts in Federal Circuit


NYIPLA Amicus Brief in Ericsson v. Samsung Advocates the Adjudication of U.S. Patent Rights by U.S. Courts

On April 9, the New York Intellectual Property Law Association (NYIPLA) filed an amicus brief in Ericsson Inc. v. Samsung Electronics Co., Ltd., No. 2021-1565, urging a panel …

NetSoc Appeals to SCOTUS, Claiming Improper Analysis of Social Network Patent Nixed Under 101

On April 5, NetSoc LLC filed a petition for a Writ of Certiorari to the Supreme Court of the United States (SCOTUS) after losing its appeal in the …
By Matthew Schutte
4 days ago 11

Tillis, Michel and Iancu Back Ericsson in Heated International FRAND Dispute with Samsung

In the latest phase of an international dispute between Samsung Electronics and Ericsson, Senator Thom Tillis (R-NC), Judge Paul Michel and former U.S. Patent and Trademark …
By Eileen McDermott
6 days ago 2

CAFC Dismisses Apple’s Bid to Overturn PTAB Holding it Failed to Prove Qualcomm Patents Obvious

The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday dismissed two appeals filed by Apple against Final Written Decisions of the Patent Trial and …
By Eileen McDermott
10 days ago 1

Rules of Evidence Crush Wi-LAN’s Patent Infringement Claims Against Vizio and Sharp

On April 6, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the United States District Court for the District of Delaware, …
By Logan Murr
11 days ago 0

In re Stanford: Ruined by a Processor and a Memory

Computer boilerplate – such as including “a processor and a memory” in claims – is commonplace in patent applications. However, the recent case of In re Stanford shows that …
By William Morriss
12 days ago 27

Computer Programs are Different, Says SCOTUS in Landmark Ruling that Google’s Use of Oracle’s API Packages Was Fair

The U.S. Supreme Court this morning found Google’s use of Oracle’s Java application programming interface (“API packages”) a fair use as a matter of …
By Eileen McDermott
13 days ago 10

Peloton Wants to Cancel the Mark SPINNING for Being Generic – the TTAB Has Rarely Granted Such a Petition

Peloton’s petitions to cancel Mad Dogg’s registered trademarks for SPIN and SPINNING (in Classes 41 and 28) for genericism ask the Trademark Trial and Appeal Board (TTAB) …
By Sarah Brooks & Alicia Sharon
14 days ago 3

Biden Announces Intent to Nominate Tiffany Cunningham to Federal Circuit

President Joe Biden today announced 11 judicial candidates – 10 for federal circuit and district court judge positions, including Tiffany Cunningham as nominee for the United States Court of Appeals …
By IPWatchdog
19 days ago 80

CAFC Again Affirms PTAB Rejection of Stanford Patent Application Claims Under Alice

Two weeks after affirming the Patent Trial and Appeal Board’s (PTAB’s) decision to reject Leland Stanford Junior University’s (Stanford) claims drawn to abstract mathematical …
By Matthew Schutte
20 days ago 6

Federal Circuit Upholds Attorneys’ Fees Award, Grants Appellate Fees and Double Costs in Cheekd Dating App Case

In 2019, IPWatchdog reported on Lori Cheek, an independent inventor and founder of the dating service, Cheekd, who has spent the last several years defending herself against accusations …
By Eileen McDermott
26 days ago 4

Fourth Circuit Finds ‘Pretzel Crisps’ Plaintiffs are Not Bound to Federal Circuit Across Appeals from Distinct TTAB Decisions

On March 17, the U.S. Court of Appeals for the Fourth Circuit reversed and remanded a decision from the U.S. District Court for the Western District …
By Nancy Braman
27 days ago 0

How to Choose the Next Federal Circuit Judge: Stick with Experience

The Court of Appeals for the Federal Circuit, the nation's patent court, is at a crossroad. Today, unlike in earlier decades, nearly all its cases are patent-related, …

Who Will it Be? IP Practitioners Name Their Picks for Biden CAFC Appointee Following Judge Wallach’s Retirement

U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Evan J. Wallach announced earlier this week that he will retire from active service and assume …
By IPWatchdog
1 month ago 14

Parties’ Names Should Generally be Disclosed to the Public, Says CAFC

On March 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the Middle District of Florida’s decision directing the clerk to unseal the …
By Butch Laker
1 month ago 0