Posts in Federal Circuit Review


$48 Million Willful Infringement Award Vacated by Federal Circuit

Exmark Manufacturing was awarded $24 million in compensatory damages after a jury found that Briggs and Stratton infringed Exmark’s patent on a lawn mower with improved flow …

Split CAFC Panel Says ‘Will Assign’ Provision of Employment Agreement Insufficient for Standing

In 2011, Advanced Video filed suit against HTC for patent infringement in the Southern District of New York. The district court dismissed the suit for lack of standing, …

Claims not directed to abstract results when reciting specific steps that accomplish a desired result

According to the Federal Circuit, The claims simply do not simply recite an abstract result. Because the claims recite specific steps that accomplish a desired result, the …

Court Affirms Inherent Disclosure of Monsanto Soybean Claims

The Federal Circuit affirmed the rejection of several claims in a patent owned by Monsanto... Extrinsic evidence is permissible to interpret an allegedly anticipating references and to …

Petitioner Must Prove Unpatentability of Patentee’s Substitute Claims in an IPR

Due to the recent decision in Aqua Products v. Matal, 872 F.3d 1290 (Fed. Cir. 2017), the Court disagreed with the Board’s decision to deny Bosch’s motion …

Whether TSA Action is Attributable for Direct Infringement is Genuine Issue of Fact

The key issue in the present appeal, in light of Akamai V, is whether TSA’s performance of the final two steps of the patented method claims …

Combinations do Not Anticipate if Artisan Would Not Immediately Envision Claimed Combination

The Federal Circuit heard the case of Microsoft Corp. v. Biscotti, Inc. After Biscotti, Inc. (“Biscotti”) sued Microsoft Corp. (“Microsoft”) for patent infringement, Microsoft filed three unsuccessful …

Federal Circuit Year in Review: Noteworthy Cases from 2017

There were numerous decision made by the United States Court of Appeals for the Federal Circuit in 2017. Here are the most noteworthy decisions …

Prohibition of Immoral or Scandalous Trademarks Held Unconstitutional

In re Brunetti, the Federal Circuit reversed a Patent Trial and Appeal Board (“Board”) decision affirming a refusal to register the mark “FUCT” because it comprised immoral …

Patent Marking Burden of Production on Alleged Infringer, Burden of Persuasion on Patentee

In Arctic Cat Inc. v. Bombardier Rec. Prods., after unsuccessfully defending a patent infringement lawsuit, Bombardier Recreational Products, Inc. (“BRP”) appealed the district court’s denial of …

Bed Bath and Beyond Wins Nearly $1 Million in Attorneys’ Fees for Defending Meritless Claims

In Inventor Holdings, LLC v. Bed Bath & Beyond, Inc., the Federal Circuit affirmed an award of attorneys’ fees in the lower court because “following the Alice decision, …

Federal Circuits invalidates patent covering starting a session on one communication-enabled device and transferring it to another

The Federal Circuit decision in the case of CRFD Research v. Matal resolves three appeals involving a single patent: CRFD’s ‘233 patent describing methods and systems that …

CAFC Denies Enhanced Damages and Lost Profits, Competitor Proves Intervening Rights

In determining indefiniteness of a claim based on a testing method referenced in the patent, courts will evaluate whether the method is well known in the art …

Specific Intent to Induce Patent Infringement Inferred from Pharmaceutical Label

The Federal Circuit heard the case of Sanofi v. Watson Labs.. Sanofi is the owner of two patents claiming compositions and uses of the cardiovascular drug dronedarone. …

Beware Waiver: Recovery Not Permitted on Damages Theories Not Presented/Preserved at Trial

In Promega Corporation v. Life Technologies Corporation, on remand from the Supreme Court, the Federal Circuit affirmed district court rulings that granted Life Technologies’ motion for judgment …