Posts Tagged: CAFC


CAFC Evenly Splits on En Banc Rehearing of American Axle’s Driveshaft Patent

On Friday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued Orders granting a request for panel rehearing and denying a request for rehearing …
By Rebecca Tapscott
5 hours ago 1

A Guide to Arthrex: Activity Heats Up in Petitions Pending with Supreme Court

The Supreme Court is currently considering several pleas to review the holding in Arthrex v. Smith & Nephew I and Arthrex v. Smith & Nephew II in the form …
By IPWatchdog
1 day ago 0

Askeladden Brief Asks SCOTUS to Grant U.S. Government’s Petition to Reconsider Whether PTAB APJs Are Principal Officers Under the Appointments Clause

On July 29, Askeladden LLC filed an amicus brief in support of the U.S. Government’s combined petition for a writ of certiorari in U.S. v. …

Judge Dyk Departs from Majority’s Obviousness Analysis on Gaming Service Patent Claim

The Federal Circuit on Wednesday affirmed a decision of the Patent Trial and Appeal Board (PTAB) that found FanDuel had failed to prove that claim 6 of Interactive …
By Eileen McDermott
4 days ago 3

Split CAFC Holds That a State Asserting Sovereign Immunity May Not Be Joined as Involuntary Plaintiff

On July 24, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States District Court for the Southern District of …
By Rebecca Tapscott
5 days ago 0

Federal Circuit Reverses TTAB Ruling on Standing for Petition to Cancel Condom Trademark

The U.S. Court of Appeals for the Federal Circuit ruled yesterday that Australian Therapeutic Supplies Pty. Ltd. has “a real interest” in cancelling the registration for …
By Eileen McDermott
6 days ago 0

Over O’Malley’s Dissent, CAFC Affirms PTAB View that IPR Claim Amendments Are Subject to Eligibility Analysis

On July 22, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States Patent and Trademark Office (USPTO) Patent Trial …
By Rebecca Tapscott
11 days ago 2

Federal Circuit Affirms ITC Refusal to Rescind Exclusion Order Due to Assertion of Patent Invalidity

Last week, the U.S. Court of Appeals for the Federal Circuit affirmed a decision of the U.S. International Trade Commission in Mayborn Group, Ltd. v. …
By Rebecca Tapscott
12 days ago 2

Federal Circuit Affirms District Court Ruling that Dana-Farber Inventors Must Be Added to Patents for Cancer Treatment

The Dana-Farber Cancer Institute last week had its district court win affirmed when the Federal Circuit upheld a decision that two of the Institute’s researchers must …
By Eileen McDermott
14 days ago 1

Mystery Science: What Lemley and His Colleagues Get Wrong in Their Push for SCOTUS to Review TCL v. Ericsson

In December 2019, 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
15 days ago 8

Federal Circuit Affirms District Court’s Eligibility Analysis, Reyna Dissents

On July 14, the United States Court of Appeals for the Federal Circuit, with Judge Lourie writing for the majority, affirmed-in-part and vacated-in-part a decision of the United …
By IPWatchdog
18 days ago 13

CAFC Decision in CardioNet Should Make More Accurate Diagnostics Patentable

A strategy for the COVID-19 pandemic is testing for antibodies to determine possible immunity. Such diagnostic tests may suffer from a high false positive rate. Improving accuracy …

Financial Incentive Structure for AIA Trials Destroys Due Process at PTAB, New Vision Gaming Argues

On June 30, New Vision Gaming & Development filed a corrected appellant brief with the U.S. Court of Appeals for the Federal Circuit challenging two covered business method (…
By Steve Brachmann
19 days ago 5

Federal Circuit Vacates PTAB Holding for Failure to Consider Merits of Patentability

On July 8, the United States Court of Appeals for the Federal Circuit (CAFC), in Fitbit, Inc. v. Valencell, Inc., vacated a Final Written Decision of the United …
By Rebecca Tapscott
20 days ago 1

Amici Implore Supreme Court to Take Up Chamberlain Petition

Two amicus briefs have now been filed in The Chamberlain Group’s bid to the Supreme Court for review of “whether the Federal Circuit improperly expanded § 101’s …
By Eileen McDermott
20 days ago 21