Posts Tagged: CAFC


Thoughts on Tiffany Cunningham’s Confirmation to the CAFC

Tiffany Cunningham was confirmed to the U.S. Court of Appeals for the Federal Circuit earlier this week, making her—incredibly—the intellectual property court’s first …
By Eileen McDermott
1 day ago 1

CAFC Reverses PTAB Obviousness Finding, Clarifying Concepts of ‘Teaching Away’ and ‘Commercial Success’

The United States Court of Appeals for the Federal Circuit (CAFC) yesterday concluded that the Patent Trial and Appeal Board’s (PTAB’s) decision finding certain claims …
By La'Cee Conley
2 days ago 7

In Partial Reversal of Decision for Sony, CAFC Reiterates Patentees Need Not Prove Their Case at the Pleading Stage

On July 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in part, reversed in part, and remanded the U.S. District Court for …
By Logan Murr
10 days ago 3

On Tiffany Cunningham’s Appointment to the CAFC: An Impeccable Candidate and a Rallying Call for More Diversity in IP

On March 30, 2021, President Biden tapped Tiffany Cunningham to be the first African American to sit on the Federal Circuit. After a straightforward and speedy hearing, the Senate …
By Emer Simic
14 days ago 74

USPTO Delivers on Senators’ Request for Patent Eligibility Jurisprudence Study

In March of this year, a bipartisan group of senators asked Drew Hirshfeld, who is Performing the functions and duties of the Director of the U.S. …
By Eileen McDermott
17 days ago 11

Federal Circuit: Clear Attempts to Manipulate Venue Won’t Defeat Motions to Transfer

The U.S. Court of Appeals for the Federal Circuit (CAFC) in In re Samsung today granted Samsung’s and LG’s writs of mandamus, which sought …
By Eileen McDermott
25 days ago 2

District Court Thwarts $100 Million Damages Award, Finding Litigation Conduct Exceptional

The U.S. District Court for the Southern District of California recently ended a long, drawn-out patent infringement battle dealing with menu patents, which saw action in …
By Gene Quinn
25 days ago 0

Minerva v. Hologic: SCOTUS Retains but Limits Assignor Estoppel Doctrine, Criticizing CAFC Approach

The U.S. Supreme Court ruled 5-4 this morning in Minerva Surgical, Inc. v. Hologic, Inc., Cytyc Surgical Products, LLC that the doctrine of assignor estoppel”—which …
By Eileen McDermott
26 days ago 1

Mega Awards Likely to Highlight Unpredictability of U.S. Patent Damages Law

Calculating damages in patent infringement suits is a high-stakes, complex matter of law and economics that often starts with the Georgia Pacific factors at the district court …
By Gene Quinn
28 days ago 3

CAFC Denies Amgen Petition to Reconsider Enablement Test for Biotech Patents

On June 21, the United States Court of Appeals for the Federal Circuit (CAFC) denied a petition for rehearing and rehearing en banc filed by Amgen Inc., Amgen …
By Logan Murr
1 month ago 6

La Cour d’Appel de l’Absurde (The Court of Appeals of the Absurd)

Reading the recent opinion of Judges Prost and Taranto in Yu and Zhang v. Apple and Samsung, Appeal Nos. 2020-1760, 1803 (Fed.Cir. June 11, 2021), I’m reminded of …

Industry Reacts to the Supreme Court’s Arthrex Ruling: Chaos Averted – or Just Delayed?

The Supreme Court issued a split 5-4 decision earlier today, in which a plurality of the Court agreed with the U.S. Court of Appeals for the …
By IPWatchdog
1 month ago 20

In Arthrex Ruling, SCOTUS Says Director Review of Decisions, Not Power to Remove APJs, is What Matters

The Supreme Court has issued its ruling in Arthrex v. Smith & Nephew, taking a different approach to curing the statute than did the U.S. Court of …
By Eileen McDermott
1 month ago 4

Yu v. Apple Settles It: The CAFC is Suffering from a Prolonged Version of Alice in Wonderland Syndrome

Alice in Wonderland syndrome is a medical condition for which there is no known treatment. It causes a disturbance of perception and has a serious impact on …
By Gene Quinn
1 month ago 19

Judge Albright Enters New Standing Orders on Motions to Transfer for Conformity with CAFC Mandates

On June 8, U.S. District Judge Alan D. Albright of the Western District of Texas signed an amended pair of standing orders regarding motions to transfer filed …
By Steve Brachmann
1 month ago 0