Posts in Federal Circuit


Win in Water Balloon Battle Suggests Hope for Patent Owners at PTAB

IPWatchdog’s coverage of the November 2017 Bunch O Balloons district court trial left off with an Eastern District of Texas jury awarding $12.3 million in damages to patent …
By Eric Olavson & Josh Malone
17 days ago 7

The Lineup: Who We’ll Hear from in the First Two Senate Hearings on Section 101 Reform

To kick off the month in which Alice v. CLS Bank will turn five, the Senate Judiciary Committee’s Subcommittee on Intellectual Property will hold its first …
By Eileen McDermott
17 days ago 18

Congress’ Section 101 Fix Would Create a 112(f) Problem

Senators Coons and Tillis and a group of Representatives recently proposed an admirable piece of legislation to amend the Patent Act to abrogate Supreme Court Section 101 cases …
By Robert P. Greenspoon
18 days ago 30

Opticurrent Says Power Integrations Reexamination Attempt is Gamesmanship

On May 13, patent owner Opticurrent, LLC, filed an emergency motion for leave to file a supplemental motion for judgment  in a patent infringement case being fought out …
By Steve Brachmann
20 days ago 1

Other Barks & Bites, Friday May 24: Coons Requests Info on Alexa Privacy, Congress Pushes 101 Reform, and Qualcomm Will Appeal Its Loss to the FTC

This week in Other Barks & Bites: Chinese state media pushes back on the United States’ claims of intellectual property theft; a bipartisan coalition from both houses of …
By IPWatchdog
23 days ago 0

Athena Diagnostics v. Mayo Collaborative Services: a Paradigm of Patent Eligibility Meriting En Banc Review

In Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371, 1376 (Fed. Cir. 2015) the Federal Circuit belittled pioneering work at Oxford University, indisputably one of the world’s leading …
By Paul Cole
23 days ago 22

Determining When a Printed Publication is Publicly Accessible

Twice during the last year, the Federal Circuit found itself clarifying the meaning of public accessibility of a printed publication for the purposes of prior art under 35 …

Federal Alcohol Labeling Following Tam and Brunetti

The U.S. Supreme Court and the Court of Appeals for the Federal Circuit recently struck down certain trademark registration requirements on First Amendment grounds. These cases …

Federal Circuit Affirms $1.3M Attorney’s Fees Award Under Octane Fitness Standard

The Federal Circuit recently affirmed a district court’s award of attorney’s fees under 35 U.S.C. § 285. In particular, the Federal Circuit affirmed the lower court’…

Other Barks & Bites for Friday, May 17: Trump Bans Huawei, Alibaba Shows Improved Brand Protection and China Revises Copyright Law

This week in Other Barks & Bites: Chinese state political advisors suggest changes to the country’s copyright law, including stronger punitive measures for infringement; President Donald Trump …
By IPWatchdog
29 days ago 1

Pinning False Blame of Lack of Enablement In Issued Patents On the USPTO

Last week, the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, held an oversight hearing on the U.S. Patent and Trademark Office (USPTO) with …

Federal Circuit Affirms Validity of Endo Pharmaceuticals Patent for Morphinan Pain Relief Compounds

The Federal Circuit recently affirmed a district court ruling finding patent infringement after holding that Actavis LLC, Actavis South Atlantic LLC, and Teva Pharmaceuticals USA, Inc. (collectively, “…

CBD Wins with USPTO’s New Examination Guide for Cannabis Marks, but Lawful Use Requirements Remain Intact

On May 2, 2019, the USPTO issued a new examination guide titled “Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill.” A …
By Magdalena Berger
1 month ago 0

Urge the Drafters of the New Section 101 to Support Inventor-Friendly Reform

Senators and Representatives Coons, Tillis, Collins, Johnson, and Stivers recently announced in a press release a proposed framework to fix patent eligibility law in the United States. …
By Mark Marrello
1 month ago 27

Federal Circuit Affirms PTAB Ruling That Prior Art and FDA Skepticism Supports Non-Obviousness Finding

The U.S. Court of Appeals for the Federal Circuit recently affirmed the Patent Trial and Appeal Board’s (PTAB's) decision upholding the patentability of Eli Lilly & …