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 …
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 …
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.…
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) …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
