Posts in Federal Circuit
Other Barks & Bites, Friday, September 27: CAFC Partially Vacates PTAB Decision, Colarulli Appointed to Head LESI, and Copyright Office Seeks Comments on Music Modernization Act
This week in Other Barks & Bites: the Federal Circuit issued a precedential decision reversing the PTAB regarding proper primary reference and CBM review findings; USPTO Director Iancu …
First Jury Verdict on Section 101 Inquiry Post-Berkheimer Finds Asserted Claims Routine and Conventional
On September 12, a jury verdict form entered in an Eastern District of Texas patent infringement case found in favor of defendant Jack Henry & Associates on its defenses …
A Strange Evolution: The Federal Circuit Has Entered the Theater of the Absurd
Something has happened at the United States Court of Appeals for the Federal Circuit over the past six months. After inching forward in a positive direction on …
O’Malley and Chen Disagree in Part with PTAB Determination in CBM Review, Distinguishing Chamberlain
The Federal Circuit issued a precedential decision on Wednesday reversing-in-part, vacating and remanding a decision of the Patent Trial and Appeal Board that had found certain claims …
Supreme Court Directs Apple and Cisco to Respond to Petition for Cert Challenging Rule 36
The Supreme Court has requested that Apple and Cisco file responses to Straight Path IP Group, LLC’s (SPIP’s) petition for certiorari in Straight Path IP …
Blame for the Weakened U.S. Patent System Cannot Be Pinned on the PTAB Alone
It is time to recognize the elephant in the room. The Patent Trial and Appeal Board (PTAB) is broken. And, if we want to be perfectly fair …
Patent Eligibility Under Section 101: Has the United States ‘TRIPPED’ Up?
The present U.S. eligibility jurisprudence, and especially that of the Federal Circuit, not only creates serious issues of U.S. domestic law but also arguably places …
Romag Fasteners: IPO Departs From Other Amici in Urging SCOTUS to Require Willfulness to Award Trademark Profits
The Intellectual Property Owners Association and four other associations have filed amicus briefs with the Supreme Court in the case of Romag Fasteners v. Fossil, Inc., Fossil …
Other Barks & Bites, Friday, September 20: CAFC Issues Precedential Decisions on Patent Term Adjustment, DOJ Announces Trade Secret Charges, USPTO Urges CAFC Deference to POP
This week in Other Barks & Bites: the Federal Circuit issued a pair of precedential opinions affirming the USPTO’s determinations on patent term adjustment; Chuck Yeager filed …
Chrimar v. ALE: Federal Circuit Approves PTAB Nullification of Previously Affirmed Jury Verdict
Yesterday, the Federal Circuit once again breached a fundamental boundary of our American system of law. This particular transgression has occurred only a handful of times, but …
The Great Escape: Efficient Infringers Increasingly Seek to Abuse Antitrust Law
Last week the United States Court of Appeals for the Federal Circuit issued an important decision that might be easy to overlook. In Intellectual Ventures I LLC …
Trading Technologies Asks Supreme Court to Restore Congress’ Purpose in Creating the Patent Act
Trading Technologies International, Inc. (TT) has filed a petition for certiorari with the U.S. Supreme Court asking it to clarify U.S. patent eligibility law, including …
Ordinary Observer Test Is ‘The Sole Controlling Test for Determining Anticipation of Design Patents’
In Curver Luxembourg SARL v. Home Expressions, Inc. (CAFC, Sept. 12, 2019)—which already has become a rather infamous design patent case—the claims at issue recited an "ornamental …
A Step Forward for the STRONGER Patents Act
The bipartisan STRONGER Patents Act of 2019 took an important step forward last week, as the Senate Judiciary Subcommittee on Intellectual Property held a hearing on the proposed …
Federal Circuit Upholds PTAB Finding that Frymaster’s Patent is Not Obvious
The U.S. Court of Appeals for the Federal Circuit (CAFC) decided an appeal by Henny Penny Corporation (HPC) on September 12 involving HPC’s inter partes review (…
