Posts in Federal Circuit


It Is Time to Fix the Courts’ Section 101 Tests on ‘Directed to …’ and ‘Abstract Ideas’—Whether in Chamberlain or Beyond (Part I)

The case of the “garage door opener,” The Chamberlain Group v. Techtronic Industries, Inc., has received its share of attention. Rightly so. The case, after all, spotlights …

CAFC Says District Court Abused Its Discretion in Granting Attorney’s Fees Under Sections 285 and 1117(a)

The U.S. Court of Appeals for the Federal Circuit today reversed a district court decision awarding attorney’s fees to Luv n’ Care Ltd. (LNC) against …
By Eileen McDermott
1 month ago 2

Federal Circuit Denies Attorney Fees for Work Done Before the USPTO

On June 4, the U.S. Court of Appeals for the Federal Circuit (CAFC) denied a request by Almirall for attorney fees incurred for work on an inter …
By Rebecca Tapscott
1 month ago 0

CAFC Finds Administrative Procedures Act Claims Against USPTO Barred for Lack of Final Agency Action, Statute of Limitations

On May 22, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Odyssey Logistics and Technology Corporation v. Iancu in which the …
By Steve Brachmann
1 month ago 0

PTAB Invalidation of Zaxcom Claims to Emmy-Winning Microphone Tech Heads to CAFC

On May 26, Zaxcom filed an appeal brief with the United States Court of Appeals for the Federal Circuit (CAFC) requesting review of the Patent Trial and Appeal …
By Rebecca Tapscott
1 month ago 1

CAFC Affirms PTAB Obviousness Finding, Holds ‘Real Parties in Interest’ Question Final and Non-Appealable

Last week, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision on appeal from the United States Patent and Trademark Office (USPTO) …
By IPWatchdog
1 month ago 0

Chamberlain Petitions SCOTUS to Review CAFC’s ‘Refusal to Assess Claims as a Whole’ in Garage Door Opener Case

On May 15, the Chamberlain Group Inc. filed a petition for a writ of certiorari asking the U.S. Supreme Court to review the U.S. Court of …
By Rebecca Tapscott
1 month ago 27

ALE Responds and Baxter Weighs in on Chrimar Bid for High Court to Consider ‘Soundness’ of Fresenius/ Simmons Principle

In March, Chrimar Systems, Inc. filed a petition for certiorari asking the U.S. Supreme Court to decide: 1) whether the Federal Circuit may apply a finality standard …
By Eileen McDermott
1 month ago 1

Illumina v. Ariosa Diagnostics: A Closer Look

The Federal Circuit recently found that a method for preparing an extracellular DNA fraction from a pregnant human female and using it for analyzing a genetic locus …

CAFC Finds Claim for Delivery Notification System Abstract as Directed to a Longstanding Commercial Practice

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U. S. District Court for the Southern District of …
By Rebecca Tapscott
2 months ago 6

McRO Patent Upheld Again at Federal Circuit, But Not Infringed

The U.S. Court of Appeals for the Federal Circuit, in a precedential decision authored by Judge Taranto, today affirmed-in-part, vacated-in-part and remanded a decision of the …
By Eileen McDermott
2 months ago 1

Non-Limiting Preamble Costs Cochlear at CAFC

Cochlear Bone Anchored Solutions AB (“Cochlear”) owns U.S. Patent No. 7,043,040 (“the ‘040 patent”), directed to a hearing aid for use in those with unilateral hearing loss. Oticon …
By Kim Jordahl
2 months ago 3

Federal Circuit Finds District Court Correctly Applied Ordinary Observer Test

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. District Court for the Middle District of …
By Rebecca Tapscott
2 months ago 0

Uniloc v. LG Shows that Broad Software Claims are Patent Eligible, Highlights the Perils of Concession

The Federal Circuit’s recent Uniloc v. LG Electronics decision (April 30, 2020) may be very helpful for subject matter eligibility. This Federal Circuit panel (Moore, Reyna & Taranto) held …
By Scott Zimmerman
2 months ago 14

Federal Circuit Issues Several Rulings Defining Contours of Arthrex Decision

Recently, the U.S. Court of Appeals for the Federal Circuit has issued several rulings defining some of the contours of the impact of its decision last …
By Steve Brachmann
2 months ago 3