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 …
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 …
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 …
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.…
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
(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 …
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 …
