Posts Tagged: CAFC


US Inventor Backs SCOTUS Petition to Clarify Claim Construction Principles

Inventor advocacy group US Inventor has filed an amicus brief in support of a petition to the U.S. Supreme Court asking the justices to clarify “[w]…
By Eileen McDermott
3 days ago 6

Drawing Software Patent Drafting Guidance in 2021 from an Unlikely Source: the Federal Circuit

Since the Supreme Court’s Alice decision in 2014, inventors have faced extra hurdles trying to protect their software-related inventions with patents. A chief obstacle has been satisfying …
By Michael Messinger
11 days ago 18

Skidmore-Mead Can Solve the Patent Eligibility Dilemma

Judge Kimberly Moore, in a comprehensive and insightful opinion dissenting from the denial of the petition for rehearing en banc in Athena Diagnostics, Inc. v. Mayo Collaborative …

Supreme Court Will Review Doctrine of Assignor Estoppel

On Friday, the U.S. Supreme Court granted a petition for certiorari filed by Minerva Surgical, Inc. asking the Court to clarify questions around the doctrine of …
By Eileen McDermott
13 days ago 3

Federal Circuit Affirms TTAB Dismissal of QuikTrip’s Opposition to Convenience Store Mark

On January 8, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States Patent and Trademark Office, Trademark Trial and …
By IPWatchdog
13 days ago 0

Alice in 2020: Slashing Software Patents and Searching for Functional Language at the Federal Circuit (Part II)

In Part I of this article, I explained that the CAFC invalidated almost every software patent on appeal for eligibility in 2020 and recapped the first 13 such cases …
By Theodore Rand
14 days ago 3

CAFC Dismisses Appeal as Moot, Prost Dissents in Part

On January 7, the United States Court of Appeals for the Federal Circuit (CAFC) dismissed ABS Global's appeal from the United States Patent and Trademark Office (USPTO) Patent …
By IPWatchdog
14 days ago 1

Federal Circuit Reverses Holding of Infringement Based on Faulty Claim Construction

On January 5, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the U.S. District Court for the Southern District of …
By Rebecca Tapscott
16 days ago 0

Alice in 2020: Slashing Software Patents and Searching for Functional Language at the Federal Circuit (Part I)

Last year was an active one at the United States Court of Appeals for the Federal Circuit (CAFC) for software eligibility. It also was a brutal year …
By Theodore Rand
17 days ago 29

Inventors Have Their Say on PTAB at SCOTUS in Arthrex Amicus Briefs

Eleven amicus briefs were docketed during the last two business days of 2020 in United States v. Arthrex, Inc., et al., which is scheduled for oral argument on …
By Eileen McDermott
18 days ago 5

Federal Circuit Affirms District Court Ineligibility Decision under Alice

On December 29, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s decision dismissing Simio’s patent infringement action against FlexSim …
By IPWatchdog
18 days ago 16

One Entrepreneur’s Story: Snapizzi Gets Caught in the Section 101 Snare

In 2015, Randy dela Fuente launched Snapizzi. Randy had bet big, putting his career, savings, and company at risk. Later, Randy brought in a business partner, Chris Scoones, …
By Paul Morinville
19 days ago 19

CAFC Upholds District Court Finding for Netflix Invalidating Adaptive Patent Under 101

On December 14, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States District Court for the Central District of …
By Rebecca Tapscott
1 month ago 27

CAFC Finds District Court Erred, Abused Discretion in Declining to Transfer Ownership of Foreign Patents

On December 7, the U.S. Court of Appeals for the Federal Circuit held that a district court erred in its assessment that it lacked authority to compel …
By Eileen McDermott
1 month ago 0

SIPCO v. Emerson Underscores Inherent Problems with CBM: So Don’t Revive It

In the late 1990s, prolific inventor David Petite invented a foundational technology for the Internet of Things. His invention drove proliferation of wirelessly networked machines and met …
By Josh Malone
1 month ago 3