Posts Tagged: CAFC


CAFC Reverses District Court, Finds California Jurisdiction Proper in Declaratory Judgment Action

On May 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded the dismissal of a declaratory judgment action in an appeal from …
By Nancy Braman
1 month ago 0

Newman Dissents from CAFC’s Refusal to Address Forum Selection Question in New Vision Gaming’s Arthrex Remand

U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman dissented in part from a decision authored by CAFC Judge Moore yesterday, explaining that, …
By Eileen McDermott
1 month ago 4

CAFC Affirms PTAB Finding that Certain Uniloc Claims are Invalid, But Says Apple Failed to Prove Other Claims Unpatentable

On May 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the Patent Trial and Appeal Board (PTAB/ Board) in an …
By Logan Murr
1 month ago 0

Federal Circuit Affirms Jury Verdict Invalidating Pacific Biosciences Patents

Yesterday, the CAFC affirmed a ruling by the U.S. District Court for the District of Delaware, where a jury found Oxford Nanopore Technologies, Inc. and Oxford …
By Butch Laker
1 month ago 3

CAFC Clears L’Oréal of Trade Secret Misappropriation, Orders New Trial on Patent Infringement

On May 6, the U.S. Court of Appeals for the Federal Circuit (CAFC), reversed in part, affirmed in part, vacated in part, dismissed in part, and remanded …
By Nancy Braman
1 month ago 0

CAFC Affirms Decision Vacating Judgment and Injunction Due to Executive’s Misrepresentations

On May 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the District Court for the Central District of California to …
By Logan Murr
2 months ago 0

Looking Back at Soon-to-Be Chief Judge Moore’s Major CAFC Opinions

On April 21, the U.S. Court of Appeals for the Federal Circuit announced that Judge Kimberly Moore would take over the duties of Chief Judge when current …
By Steve Brachmann
2 months ago 6

Can Process Confer Structure to Distinguish the Art after Biogen v. EMD Serono?

Courts have long held that "an old product made by a new process is not novel and cannot be patented." The validity of  product claims have generally …

CAFC Issues Modified Order on Mojave’s Motion to Substitute in Reexam Proceeding Over Crocs’ Objections

On April 21, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a modified, precedential order reversing the Patent Trial and Appeal Board’s (PTAB’…
By Logan Murr
2 months ago 0

PTAB Masters™ Day Four Features Judge Michel on How the PTAB is Working: ‘When Facts Change, Views Should Change’

The final day of IPWatchdog’s PTAB Masters™ 2021 program kicked off with more than 1,070 registrants and a discussion featuring retired U.S. Court of Appeals for the …
By Eileen McDermott
2 months ago 13

EPO Opposition Division Upholds NuCana Patent on Gilead’s Sovaldi, Highlighting Potential Flaws of CAFC Ruling in Gilead/Idenix

On April 7, 2021, the European Patent Office (EPO) Opposition Division (OD) issued a comprehensive written decision in the Opposition by Gilead Sciences, Inc. against NuCana plc’s European …
By Sherry Knowles
2 months ago 0

NYIPLA Amicus Brief in Ericsson v. Samsung Advocates the Adjudication of U.S. Patent Rights by U.S. Courts

On April 9, the New York Intellectual Property Law Association (NYIPLA) filed an amicus brief in Ericsson Inc. v. Samsung Electronics Co., Ltd., No. 2021-1565, urging a panel …

NetSoc Appeals to SCOTUS, Claiming Improper Analysis of Social Network Patent Nixed Under 101

On April 5, NetSoc LLC filed a petition for a Writ of Certiorari to the Supreme Court of the United States (SCOTUS) after losing its appeal in the …
By Matthew Schutte
2 months ago 11

Tillis, Michel and Iancu Back Ericsson in Heated International FRAND Dispute with Samsung

In the latest phase of an international dispute between Samsung Electronics and Ericsson, Senator Thom Tillis (R-NC), Judge Paul Michel and former U.S. Patent and Trademark …
By Eileen McDermott
2 months ago 2

CAFC Dismisses Apple’s Bid to Overturn PTAB Holding it Failed to Prove Qualcomm Patents Obvious

The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday dismissed two appeals filed by Apple against Final Written Decisions of the Patent Trial and …
By Eileen McDermott
3 months ago 1