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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
