Posts in Federal Circuit


CAFC Reverses PTAB Obviousness Ruling, Clarifying ‘Reasonable Expectation of Success’ Standard

On November 4, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a decision by the U.S. Patent and Trademark Office’s Patent Trial …
By Matthew Schutte
1 month ago 8

Patent Litigation in the United States, 1980 to 2020

Is patent litigation out of control? Has patent litigation ever been out of control? The answers to these questions largely depend upon your point of view, and …
By Gene Quinn
1 month ago 9

Biden Names Delaware Judge Leonard Stark to Replace O’Malley on CAFC

President Joe Biden today announced that Judge Leonard Stark of the United States District Court for the District of Delaware is his latest nominee for the U.…
By IPWatchdog
1 month ago 17

Pro-Apple TTAB Bias Case Heats Up at CAFC

Following a motion filed in mid-October with the U.S. Court of Appeals for the Federal Circuit (CAFC) accusing the United States Patent and Trademark Office (USPTO) …
By Eileen McDermott
1 month ago 1

CAFC Addresses Standing Requirement in Brooklyn Brew Shop Trademark Dispute

On October 27, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the Trademark Trial and Appeal Board’s (TTAB) cancellation of Brooklyn Brew Shop, …
By Logan Murr
1 month ago 0

Alice-Insanity (Part One), or Why the Alice-Mayo Test Violates Due Process of Law

The Fifth Amendment of the U.S. Constitution guarantees, inter alia, that no person shall be deprived of property (including intellectual property), without due process of law. …

Federal Circuit Grants Mandamus to Dish, Ordering Albright to Transfer

In its latest rebuke of Judge Alan Albright’s approach to motions to transfer cases out of his court, the United States Court of Appeals for the …
By Logan Murr
2 months ago 0

The Section 145 Trilogy: Why More Applicants Might Take Patent Applications from the USPTO to the E.D. of VA

Typically, patent examiners are the prominent decision-makers controlling whether patent applications are allowed. However, Applicants have the power to change who controls these decisions. For example, each …
By Kate Gaudry
2 months ago 15

The Fintiv Deception: Leahy’s Legislative ‘Fix’ is Unwarranted in Light of Sotera Wireless

Several weeks ago, Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) introduced the Restoring America Invents Act, which would reverse the reforms of the Patent Trial and …
By Gene Quinn
2 months ago 5

USPTO Judges, Management, Accused of Bias—This Time at the TTAB

A motion filed on Friday, October 15, with the U.S. Court of Appeals for the Federal Circuit (CAFC) requests that the appellant, Charles Bertini, be allowed to …
By Eileen McDermott
2 months ago 2

An Ax(le) Needs Grinding: Can the Federal Circuit Turn the Wheel?

I recently opened a Bordeaux and re-read the petition for certiorari in American Axle v. Neapco. Not because I like watching horror films or black-and-white footage of …
By Meredith Addy
2 months ago 16

Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding in Awarding Attorneys’ Fees

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in which it affirmed a district court’s finding of exceptionality …
By Eileen McDermott
2 months ago 0

CAFC Affirms Eastern Texas Rulings of Noninfringement for Telecom Companies

On October 12, the United States Court of Appeals for the Federal Circuit (CAFC) issued two related precedential opinions affirming the decisions of the U.S. District Court …
By Logan Murr
2 months ago 0

How Public Opinion Polls Expand the Conversation on GSK v. Teva and Skinny Labeling

The Federal Circuit’s recent majority opinion and Chief Judge Prost’s dissenting opinion in the GlaxoSmithKline LLC v. Teva Pharmaceuticals “skinny labeling” case has raised eyebrows …

CAFC Shoots Down Due Process Challenges to PTAB Structure

In an appeal from the Patent Trial and Appeal Board (PTAB) brought by Mobility Workx against Unified Patents, the U.S. Court of Appeals for the Federal …
By Eileen McDermott
2 months ago 3