Posts Tagged: "CAFC"

Liquidia Urges SCOTUS to Restore Preclusive Effect to PTAB Final Written Decisions

Last week, biopharmaceutical company Liquidia Technologies filed a petition for writ of certiorari with the U.S. Supreme Court to appeal a Federal Circuit ruling that affirmed induced infringement findings against Liquidia following the patent at issue being invalidated at the Patent Trial and Appeal Board (PTAB). In the petition, Liquidia argues that two previous Supreme Court rulings lead to a result contrary to the Federal Circuit’s determination that the invalidation of patent claims at the PTAB do not have preclusive effect on infringement litigation pending an appeal of the PTAB’s decision.

Mistreatment of Judge Pauline Newman, Hon. William C. Conner Inn 16th Annual Reception and Dinner, and Some Thoughts

First, my advice is that everyone should go to this upcoming William C. Conner Inn Annual Dinner and, for that matter, all the Inn’s annual dinners. I have enjoyed them on many levels. One of those is that you get to see and meet people you ordinarily would not, including judges, even if you often see judges. But this one on January 24 is special, because it has a background we hopefully won’t see again. When I received the Dinner announcement, I was shocked that the primary honoree is Chief Judge Moore of the U.S. Court of Appeals for the Federal Circuit. Why? Because of the way she has misled the public about her mistreatment of Judge Pauline Newman. The Inn states that the “Mission of the Hon. William C. Conner Inn is to promote excellence in professionalism, ethics (and) civility.” This is truly admirable, but one which must have been lost, overlooked, or ignored this year.

CAFC Denies APPLE JAZZ Mark Owner’s Mandamus Bid But Tells TTAB it Expects Cancellation Decision ‘Promptly’

The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Charles Bertini’s petition for a writ of mandamus asking the court to order the U.S. Patent and Trademark Office (USPTO) to decide his trademark cancellation case against Apple, Inc. According to Bertini, the cancellation case has been in limbo at the Trademark Trial and Appeal Board (TTAB) for more than three years, “despite [the TTAB’s] policy and frequent public statements by top USPTO officials that it decides cases after trial in approximately ten weeks.” Furthermore, a Petition to the USPTO Director filed on May 4, 2023, has yet to be decided, “despite the fact that most Petitions to the Director are decided in approximately two months.”

CAFC Says Prohibition Against New Issues After Joinder Doesn’t Apply to Motions to Amend

Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in CyWee Group Ltd. v. ZTE (USA), Inc. affirming the Patent Trial and Appeal Board’s (PTAB) invalidation of CyWee’s 3D pointing device patent claims. In affirming the final written decision, the appellate court found that ZTE’s lack of adversarial nature in inter partes review (IPR) proceedings allowed LG Electronics, a joined party that was otherwise time-barred, to properly oppose CyWee’s motion to amend patent claims.

Masimo tells CAFC that CBP Ruling for Apple Removes Danger of Irreparable Harm

Masimo’s legal team told the U.S. Court of Appeals for the Federal Circuit (CAFC) in a January 15 filing that the Exclusion Order Enforcement Branch (EOE) of U.S. Customs and Border Protection has cleared a redesigned version of the Apple watches that were banned by the International Trade Commission (ITC) in late October. The CBP’s decision has not been made public. According to the filing, the redesigned watches do not contain pulse oximetry technology, which was the subject of the ITC exclusion order. The decision, which has not been made public, removes any danger of irreparable harm alleged by Apple, according to the filing.