Posts Tagged: CAFC


Latest CAFC Ruling in Cleveland Clinic Case Confirms That USPTO’s 101 Guidance Holds Little Weight

On Monday, April 1, the Court of Appeals for the Federal Circuit issued a decision in Cleveland Clinic Foundation v. True Health Diagnostics affirming the invalidity of patents …
By Steve Brachmann
14 days ago 6

Other Barks & Bites, Friday, April 5: Senators Introduce FLAG Act, Apple Wins iPad Trademark Case, Poland May Ignore New EU Copyright Rules

This week in Other Barks & Bites: a trio of U.S. Senators introduce a bill for countries and municipal governments that want to register trademarks; Williams-Sonoma and …
By IPWatchdog
16 days ago 5

Judge Paul Michel: Look to Congress, Not Courts, to Fix the U.S. Patent System

During a break at IPWatchdog’s recent Patent Masters™ Symposium, former Federal Circuit Chief Judge Paul Michel went on record to express his grave concerns about the …
By Eileen McDermott
17 days ago 19

CAFC: Claim Construction That Misreads Plain Language of Claims and Specification Is Clearly Erroneous

The Federal Circuit recently vacated a district court decision which found a patent for the antipsychotic drug “Saphris,” belonging to Forest Laboratories (Forest), valid as nonobvious, but …

Inequitable Conduct and Unclean Hands: Is There a Difference and Does it Matter?

Inequitable conduct remains the most powerful defense to patent infringement. In contrast to other defenses to patent infringement that require a claim-by-claim analysis, the defense of inequitable …
By Robert Levy
18 days ago 2

The Federal Circuit Just ‘Swallowed All of Patent Law’ in ChargePoint v. SemaConnect

In ChargePoint Inc. v. SemaConnect, Inc., (2018-1739) the Federal Circuit inexplicably stated in its opinion that “[i]t is clear from the language of claim 1 that the …
By Russell Slifer
19 days ago 51

Request for Amici: Tell the Supreme Court to Clarify Section 101

On March 8, Foster Pepper filed a petition for certiorari with the Supreme Court, case number 18-1199, challenging the Federal Circuit’s emerging “physical realm” test as part …
By Bill Abrams & Rich Black
19 days ago 13

Recent Cases Show Federal Circuit Is Concerned About ‘Over Abstracting’ Rejections of Method/ Process Patents

In one of its latest opinions attempting to parse precedent on the subject matter eligibility of software, method of use, and business method patents that arguably involve …
By Dr. Dariush Adli
19 days ago 1

America’s Patent System Favors the Few and Inhibits Innovation—But Change Could Be Coming

There is little doubt that the way intellectual property is viewed and protected has transformed over the last 12 years, at least in the eyes of those who …
By Gene Quinn
24 days ago 17

Patent Masters’ Warning: U.S. Patents Are Weak, Innovation Is Going Overseas

IPWatchdog’s most recent Patent Masters™ Symposium, held Monday and Tuesday March 25-26 in Washington, D.C., examined the state of the U.S. patent system and …
By Eileen McDermott
25 days ago 7

Brunetti Briefs: Section 2(a) Bar on Immoral or Scandalous Marks Fails Constitutional Test

On April 15, the Supreme Court will hear oral argument in Iancu v. Brunetti, a case the International Trademark Association (INTA) has remarked raises a critical issue for …

Federal Circuit Reverses Patent Ineligibility Finding at Pleading Stage in Natural Alternatives

In Natural Alternatives Int'l, Inc. v. Creative Compounds, LLC, the Federal Circuit reversed the decision of the United States District Court for the Southern District of California, …

Other Barks & Bites for Friday, March 22: Vanda Action at Supreme Court, Apple Has to Pay, and Senators Express Concerns Over Fourth Estate

This week in Other Barks & Bites: the Supreme Court asks for the U.S. Solicitor General’s view on whether patents that claim a method of medically …
By IPWatchdog
1 month ago 0

Alice is Due for Reversal: Science Proves Its Reasoning Unsound

Since the 2014 Supreme Court decision in Alice v. CLS Bank International, patent claims including software have faced a much higher barrier for receiving patents than any other …
By David Reardon & Gene Quinn
1 month ago 12

Showing ‘Meaningful Limits’ in Patent Claims

The USPTO’s 2019 Revised Patent Subject Matter Eligibility Guidance provides that if an abstract idea represented in one or more claim elements is integrated into a practical …
By Dennis Carleton
1 month ago 4