Posts in Litigation


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
4 hours ago 0

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
6 hours ago 1

Patent Filings Roundup: Video Gambling Games Going to the Dogs, The Queen’s Cherries, and a Tale of Bankruptcy and Patent Infringement in Cinema Stadium Seating

With 27 new Patent Trial and Appeal Board (PTAB) filings—25 inter partes reviews (IPRs), one post grant review (PGR) and one covered business method review (CBM), the first …
By Jonathan Stroud
10 hours ago 0

Extraterritorial Application of the Computer Fraud and Abuse Act

Intangible assets today make up nearly 84% of enterprise value for companies listed on the S&P 500. This material growth in intellectual property as an asset on U.…
By William Kane & Melissa Mikail
15 hours ago 0

Second Circuit Joins Ninth Circuit Approach to Assessing Individual Copyright Claims in Group Registrations

On May 12, the U.S. Court of Appeals for the Second Circuit issued a decision in Sohm v. Scholastic in which the appellate court reversed in part …
By Steve Brachmann
1 day ago 0

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
6 days 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
7 days 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
8 days 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
8 days ago 0

Trade Secret Litigation Reports: Four Years After the Enactment of the Defend Trade Secrets Act

On May 11, 2016, President Obama signed into the law the Defend Trade Secrets Act (DTSA) which extended the Economic Espionage Act of 1996 (EEA), which provides a broad basis …
By Peter J. Toren
9 days ago 2

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
10 days 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
10 days ago 3

(Not) Copyright Infringement: Is dbrand Infringing Nintendo’s IP?

Is imitation really the highest form of flattery? Nintendo might not think so after seeing dbrand’s latest Switch skin set. The Nintendo Switch has become extremely …
By Samantha Levin
11 days ago 7

Federal Circuit Affirms District Court Finding of Standing Despite Improperly Filed Assignment

On May 13, 2020, the United States Court of Appeals for the Federal Circuit (CAFC) upheld a decision of the United States District Court for the District of Minnesota …
By Rebecca Tapscott
13 days ago 0