Posts Tagged: CAFC


Other Barks & Bites, Friday, August 16: Iancu to Brief CAFC on Precedential Opinion Panel Deference, China to Regulate Patent Agencies, and FCC Approves T-Mobile/Sprint Merger

This week in Other Barks & Bites: The Federal Circuit has asked USPTO Director Andrei Iancu to brief the appellate court on deference that should be paid to …
By IPWatchdog
21 hours ago 0

Federal Circuit: ‘Physicality’ of Processing Paper Checks Does Not Save Solutran’s Claims from 101 Challenge

The Federal Circuit recently reversed the District of Minnesota’s denial of summary judgment and held claims related to paper check processing invalid under 35 U.S.C. § 101. …

The Honeymoon is Over: Time for Iancu to Take Action on PTAB Harassment of Patent Owners

Just over 18 months ago, Andrei Iancu assumed control of the United States Patent and Trademark Office (USPTO). As the Director of the USPTO, Iancu has changed the …
By Gene Quinn
3 days ago 10

Update on 101 Rejections at the USPTO: Prospects for Computer-Related Applications Continue to Improve Post-Guidance

The Supreme Court’s 2014 decision in Alice v. CLS Bank made it significantly more difficult to obtain patents for some computer-related technologies. it is, at best, questionable …
By Kate Gaudry & Samuel Hayim
4 days ago 6

AIPLA: The Supreme Court Must Ensure the U.S. Government Adheres to the American Rule in Peter v. NantKwest

When a patent or trademark applicant loses in front of the U.S. Patent and Trademark Office (USPTO), they can either appeal to a court of appeals …

Federal Circuit Struggles to Parse SEP Licensing Rates in TCL Communication v. Ericsson

On August 7, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in TCL Communication v. Telefonaktiebolaget LM Ericsson, an appeal stemming from an …
By Steve Brachmann
5 days ago 0

Claimed Method As a Whole Must Be Described to Satisfy Written Description Requirement

The Federal Circuit recently affirmed a Patent Trial and Appeal Board (Board) decision finding that Dr. Stephen Quake and Dr. Christina Fan’s (collectively, “Quake”) asserted claims …

Are All Safety-Related Inventions Obvious After Celgene?

The case of Celgene Corp. v. Peter, Nos. 2018-1167 et al. (Fed. Cir. July 30, 2019) has drawn attention for its decision that inter partes review (IPR) may be …
By Daniel Hanson
6 days ago 17

Other Barks & Bites, Friday, August 9: IP Litigation Getting More Expensive, WIPO Launches .CN Dispute Resolution Service

This week in Other Barks & Bites: WIPO launches dispute resolution service for Chinese domain names; Morrison Foerster report shows that IP litigation costs are increasing as the …
By IPWatchdog
8 days ago 0

Apple Takes Another Bite with Motions to Stay, Vacate Federal Circuit’s Denial of Rehearing in VirnetX Case

In the latest stage of the nine-year VirnetX/ Apple patent saga, Apple has filed a Motion to Stay the Mandate and a Motion to Vacate in relation …
By Eileen McDermott
8 days ago 3

Next Steps After Celgene: Federal Circuit Ruling on Takings Clause and IPRs Leaves Open Questions

Since the Supreme Court upheld the constitutionality of inter partes review (IPR) a little more than a year ago in Oil States, several patent owners have brought …

Trading Technologies Petitions Federal Circuit for En Banc Rehearing, Likening Its Invention to Mechanical Tool Claims

On July 31, Trading Technologies, a firm that develops software used for electronically trading derivatives, filed a combined petition for panel rehearing and rehearing en banc at the …
By Steve Brachmann
10 days ago 2

VirnetX Scores Partial Win in Its Latest Federal Circuit Case with Apple

The United States Court of Appeals for the Federal Circuit last week affirmed-in-part, vacated-in-part, and remanded a decision of the Patent Trial and Appeal Board (PTAB) in …
By Nancy Braman
11 days ago 4

Federal Circuit Vacates and Remands PTAB Decision on Public Accessibility

The Federal Circuit recently vacated and remanded a decision by the Patent Trial and Appeal Board (PTAB), finding that the PTAB applied the wrong legal standard for …

Other Barks & Bites, August 2: VirnetX Patent Claims Revived, AIA Trial Fees Increased, and CAFC Rules in Celgene that AIA Trials Do Not Violate the Fifth Amendment

This week in Other Barks & Bites: The Federal Circuit issues several precedential decisions, including one reviving the patent claims in VirnetX and another determining that America Invents …
By IPWatchdog
15 days ago 7