Posts in Federal Circuit


VirnetX Scores Partial Win in Its Latest Federal Circuit Case with Apple

The United States Court of Appeals for the Federal Circuit last week affirmed-in-part, vacated-in-part, and remanded a decision of the Patent Trial and Appeal Board (PTAB) in …
By Nancy Braman
17 days ago 4

Federal Circuit Vacates and Remands PTAB Decision on Public Accessibility

The Federal Circuit recently vacated and remanded a decision by the Patent Trial and Appeal Board (PTAB), finding that the PTAB applied the wrong legal standard for …

Other Barks & Bites, August 2: VirnetX Patent Claims Revived, AIA Trial Fees Increased, and CAFC Rules in Celgene that AIA Trials Do Not Violate the Fifth Amendment

This week in Other Barks & Bites: The Federal Circuit issues several precedential decisions, including one reviving the patent claims in VirnetX and another determining that America Invents …
By IPWatchdog
21 days ago 7

Patent Heavyweights Take Strong Stance Against ACLU Anti-Patent Reform Statements

Yesterday, 24 law professors, former Chief Judges of the Federal Circuit and former heads of the U.S. Patent and Trademark Office (USPTO) sent a letter to Senators …
By IPWatchdog
23 days ago 8

Designing Around a Patent as an Alternative to a License

Whenever a company finds itself in the cross-hairs of a cease-and-desist letter or patent infringement lawsuit, a license may not be a viable option. That is often …

PTAB Overturned on Criticality of Broadened Claim Term in Reissue

Global IP Holdings, LLC, the owner of U.S. Patent No. 8,690,233, achieved a victory with the Federal Circuit vacating a decision of the Board and remanding for …

Deposition of Inventor Insufficient to Corroborate Inventor Testimony of Prior Conception

The representative of the inventor attempted to point to metadata contained within the inventor's affidavit as being corroborating evidence showing the critical dates. The problem with this …

Don’t Let Experts Testify as to Obviousness

When obviousness of a patent claim is at issue, some experts may opine along these lines: "Therefore, the subject matter of claim 1 would have been obvious before …
By Daniel Hanson
30 days ago 16

Other Barks & Bites, Friday, July 19: USPTO Updates AIA Trial Practice Guide, Senate Bill to Block Huawei Patent Purchases, and CASE Act Voted Out of Committee

This week in Other Barks & Bites: Senators Rubio and Cornyn introduce a bill to prevent Huawei from buying and selling U.S. patents; the CASE Act to …
By IPWatchdog
1 month ago 0

Laws, Leadership and Luck: Why Bayh-Dole Worked But the Federal Circuit Went Off-Course

I recently visited Egypt as part of a team led by the Departments of State and Agriculture, supported by the good folks at the AUTM Foundation. Egypt, …
By Joseph Allen
1 month ago 5

A Look at Five Cases at the International Trade Commission: Apple v. Qualcomm, Jurisdiction Issues, and Overlap with the FDA

Case filings at the U.S. International Trade Commission (ITC), a popular venue for resolving intellectual property disputes, reached record levels in 2018, and 2019 appears likely to be …
By Aarti Shah
1 month ago 0

Federal Circuit Makes Wasteful Attempt to Side with Patent Challenger in General Electric v. United Technologies

Last week, the United States Court of Appeals for the Federal Circuit issued a decision in General Electric Co. v. United Technologies Corp., which continued the trend …
By Gene Quinn
1 month ago 43

Consider the Courage of Judge Newman at the Federal Circuit

With more dissents than any other Federal Circuit Judge in history,  Judge Pauline Newman is driven by a need to safeguard our national system of innovation. Judge …
By Gene Quinn & Nancy Braman
1 month ago 10

Evidentiary Hearing Held in Engineer’s Suit Against U.S. Patent and Trademark Office Alleging Bad-Faith Patent Examinations

The extent to which the existence of a patent system will promote “the progress of science and useful arts, by securing for limited times to ... inventors the …
By Kate Gaudry
1 month ago 36

The Federal Circuit Must Revisit Its Imprudent Decision in Chargepoint v. SemaConnect

I recently authored an article for IPWatchdog arguing that the Federal Circuit in ChargePoint Inc. v. SemaConnect, Inc., (2018-1739) effectively overruled the new U.S. Patent and …
By Russell Slifer
1 month ago 21