Posts Tagged: CAFC


Ericsson Wins, But CAFC Dodges Whether Offers Were FRAND

Earlier today, the United States Court of Appeals for the Federal Circuit issued a decision in a standard essential patent (SEP) appeal involving Ericsson and TCL Communication …
By Gene Quinn
14 hours ago 1

OSI Pharmaceuticals Decision Has Limited Use in Supporting Patentability of Method of Treatment Claims

Earlier this month, Mallinckrodt succeeded in its inter partes review (IPR) challenge against patent owner Biovie, Inc. (Biovie). The Patent Trial and Appeal Board’s (PTAB’s) …
By J. Morgan Kirley
2 days ago 1

The USPTO Wants a Rehearing in Arthrex: Now is the Time to Put the PTAB on Trial

On November 13, the United States Patent and Trademark Office (USPTO) requested the U.S. Court of Appeals for the Federal Circuit suspend all consideration of an appeal …
By Gene Quinn
2 days ago 14

No Justice for Small Company Innovators: Make Your Voice Heard on the America Invents Act, IPRs, and the CAFC’s Rule 36

My company, Chestnut Hill Sound Inc. (ChillSound), has been victimized by a U.S. patent system that for nearly a decade has been in a sorry state. …
By Robert Friedman
3 days ago 4

One Inventor’s Unsolicited Congressional Testimony Following Arthrex

Since inventors are rarely allowed to participate in patent discussions in Congress, I would like to submit my testimony here. In Arthrex, the Federal Circuit in effect …
By Paul Morinville
4 days ago 32

Top Tips for Maintaining Adequate Quality Control Over Trademark Licensees

In order for rights in a trademark to persist, the mark must be used in commerce continuously. Wallack v. Idexx Labs., Inc., No. 11CV2996-GPC(KSC), 2015 WL 5943844, …
By Theodore Chiacchio
4 days ago 0

Other Barks & Bites for Friday, November 29: China Pledges ‘Social Satisfaction’ on IP Protection and Nominates Candidate to Head WIPO

This week in Other Barks & Bites: the Federal Circuit issues precedential decisions regarding its authority to remand to the PTAB, patent prosecution history estoppel and expert testimony …
By IPWatchdog
7 days ago 1

Federal Circuit Affirms District Court’s Summary Judgment of NonInfringement Under the Doctrine of Equivalents

On November 22, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the District of Nevada granting summary judgment of noninfringement under …
By Nancy Braman
7 days ago 0

This Thanksgiving: What Is the IP Community Thankful For?

This year has included many twists and turns for IP stakeholders, particularly on the patent side. Most recently, the Federal Circuit’s decision in Arthrex has called …
By Eileen McDermott
8 days ago 10

CAFC Reverses PTAB Obviousness Finding as Unsupported by Substantial Evidence

On November 23, the Court of Appeals for the Federal Circuit (CAFC) reversed the Patent Trial and Appeal Board’s (PTAB) ruling in a pair of inter partes …
By Randy Nguyen
9 days ago 2

Federal Circuit Tackles Analogous Art Arguments

In Airbus S.A.S v. Firepass Corporation, Appeal 2019-1803 (November 8, 2019), Airbus appealed the Patent Trial and Appeal Board's (PTAB’s) reversal of the examiner's rejection of …
By Kim Jordahl
10 days ago 3

CAFC Upholds PTAB Decision on Time-Bar and Obviousness of Gaming Patent Claims

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) reviewed an appeal of the PTAB's final decision that Game and Technology Co. Ltd.…
By Butch Laker
11 days ago 1

Finnavations v. Payoneer: A Case Study Into a Broken Patent System

If you innovate and invest more than $10,000 to obtain patent protection on your idea, do you trust a government-issued patent to be a valid one?  And if …
By Gau Bodepudi
11 days ago 25

Mayo Responds to Athena’s High Court Petition: Nothing to Do Here, SCOTUS

Mayo Collaborative Services has filed its brief in opposition to Athena Diagnostics’ petition to the Supreme Court in early October asking the justices to weigh in on …
By IPWatchdog
12 days ago 2

Other Barks & Bites: USPTO Updates AIA Trial Practice Guide, VoIP-Pal Beats Four Apple IPR Petitions, and China is Top Filer of Blockchain Patents

This week in Other Barks & Bites: the U.S. Patent and Trademark Office issues an updated AIA Trial Practice Guide following SAS Institute v. Iancu; the AM-FM …
By IPWatchdog
14 days ago 0