Posts Tagged: CAFC


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
22 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
23 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
25 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
28 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
29 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
29 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
30 days ago 21

‘Improper Means’: The Eleventh Circuit’s Very Dubious Trade Secrets Decision in Compulife Software v. Newman (Part II)

Part 1of this article addressed the Eleventh Circuit’s decision in Compulife Software, Inc. v. Newman, __ F.3d __, 2020 WL 2549505, (11th Cir. May 20, 2020) and the court’s dubious …
By Peter J. Toren
1 month ago 0

Disclosure-Dedication Rule: An Effective Tool Against Infringement Claims Under the Doctrine of Equivalents

The doctrine of equivalents allows a patentee to raise a claim of infringement even when each and every element of the patented invention is not identically present …

An Emerging Section 101 Expansion to Section 112(a) Enablement? The Federal Circuit Should Stop It Now

The most dominant, divisive issue in patent law over the last decade—Section101-eligibility and the Supreme Court’s Mayo-Alice framework—appears to have just become more …

CAFC Affirms-In Part District Court’s Refusal to Seal Uniloc’s Confidential Information

On July 9, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in-part and vacated in-part a decision of the U.S. District Court for …
By Rebecca Tapscott
1 month ago 0

CAFC Vacates Order Denying Attorney Fees to ShoppersChoice.com

On July 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) vacated and remanded an Attorney Fee Order of the U.S. District Court for …
By IPWatchdog
1 month ago 0

Federal Circuit Extends Arthrex Holding to Ex Parte Proceedings

On July 7, the U. S. Court of Appeals for the Federal Circuit (CAFC), in In re: Boloro Global Limited, granted a motion by Boloro Global Limited (Boloro) …
By Rebecca Tapscott
1 month ago 0

Federal Circuit Upholds Patent for Biologic Drug Enbrel; Judge Reyna Dissents

On July 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a holding of the U.S. District Court for the District of New …
By Rebecca Tapscott
1 month ago 1