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 …
By IPWatchdog
18 days ago 0

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 …
By Steve Brachmann
18 days ago 8

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 …
By Gene Quinn
18 days ago 32

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 …
By IPWatchdog
19 days ago 3

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 …
By IPWatchdog
20 days ago 5

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 …
By Gene Quinn
20 days ago 69

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 …
By Paul Cole
21 days ago 18

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 …
By IPWatchdog
21 days ago 0

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 …
By IPWatchdog
24 days ago 1

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 …
By Josh Malone
25 days ago 45

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 …
By Gene Quinn
27 days ago 27

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 …
By IPWatchdog
27 days ago 27

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 …
By Kim Jordahl
27 days ago 1

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 …
By Brian Pomper
27 days ago 17

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 (…
By Nancy Braman
28 days ago 2