Posts Tagged: Federal Circuit


A Look at Five Cases at the International Trade Commission: Apple v. Qualcomm, Jurisdiction Issues, and Overlap with the FDA

Case filings at the U.S. International Trade Commission (ITC), a popular venue for resolving intellectual property disputes, reached record levels in 2018, and 2019 appears likely to be …
By Aarti Shah
2 hours ago 0

Federal Circuit Makes Wasteful Attempt to Side with Patent Challenger in General Electric v. United Technologies

Last week, the United States Court of Appeals for the Federal Circuit issued a decision in General Electric Co. v. United Technologies Corp., which continued the trend …
By Gene Quinn
15 hours ago 3

Consider the Courage of Judge Newman at the Federal Circuit

With more dissents than any other Federal Circuit Judge in history,  Judge Pauline Newman is driven by a need to safeguard our national system of innovation. Judge …
By Gene Quinn & Nancy Braman
2 days ago 8

Evidentiary Hearing Held in Engineer’s Suit Against U.S. Patent and Trademark Office Alleging Bad-Faith Patent Examinations

The extent to which the existence of a patent system will promote “the progress of science and useful arts, by securing for limited times to ... inventors the …
By Kate Gaudry
3 days ago 30

The Federal Circuit Must Revisit Its Imprudent Decision in Chargepoint v. SemaConnect

I recently authored an article for IPWatchdog arguing that the Federal Circuit in ChargePoint Inc. v. SemaConnect, Inc., (2018-1739) effectively overruled the new U.S. Patent and …
By Russell Slifer
4 days ago 20

Other Barks & Bites for Friday, July 12: Final Rule on Drug Prices in TV Ads Blocked, Huawei Pronounced Top Chinese Patent Earner, and Brazil Joins Madrid Agreement

This week in Other Barks & Bites: The Trump Administration’s Final Rule that would have required list prices of drugs to be displayed in television ads is …
By IPWatchdog
6 days ago 0

How Senate IP Subcommittee Witnesses on Patent Eligibility Responded to Questions from Senator Blumenthal

Through the first half of June, a series of hearings on the state of patent eligibility in America held by the Senate Intellectual Property Subcommittee rendered a …
By Steve Brachmann
6 days ago 10

NYIPLA Urges Supreme Court Not to Award USPTO Staff Attorney Salaries as ‘Expenses’ in Patent Appeals to ED of Virginia

On June 25, 2019, the New York Intellectual Property Association (NYIPLA) filed an Amicus Brief in support of the Respondent in Peter v. NantKwest, Inc., No. 18-801, pending before …

It May Be Time to Abolish the Federal Circuit

I don’t really know why we need the Federal Circuit anymore. Witness the denial of en banc rehearing in Athena Diagnostics, Inc. v. Mayo Collaborative Services, …
By Gene Quinn
9 days ago 35

Thoughts on the Course of the Federal Circuit After Its Denial of En Banc Rehearing in Athena v. Mayo

The Court of Appeals for the Federal Circuit was created to provide much-needed clarity and consistency to the nation's patent law. In prior decades, the law had …
By Judge Paul Michel
10 days ago 8

Athena v. Mayo: A Splintered Federal Circuit Invites Supreme Court or Congress to Step Up On 101 Chaos

On July 3, the Court of Appeals for the Federal Circuit denied en banc rehearing in Athena Diagnostics v. Mayo Collaborative Services. The 86-page order from the Federal …
By IPWatchdog
10 days ago 3

The Trademark Cases the Supreme Court Will Hear Next Term

On June 28, the U.S. Supreme Court granted certiorari to take up a pair of cases that could affect how trademark cases are argued in federal courts. …
By Steve Brachmann
11 days ago 0

Other Barks & Bites for Wednesday, July 3: Athena v. Mayo Denied En Banc Review; USPTO Announces Trademark Attorney Rule; China Says IP Theft Will Be Compensated

Happy 4th! This week Barks & Bites comes early, starting with a bite: The Federal Circuit denies rehearing of Athena Diagnostics v. Mayo Collaborative Services, shattering the hopes …
By IPWatchdog
15 days ago 5

Has Cellspin Resurrected Electric Power Group?

I thought the Electric Power Group decision was effectively dead. It used an overbroad characterization of patent claims under Step 1 of Mayo/Alice. Following that decision, I …
By Scott Zimmerman
15 days ago 10

As Congress Contemplates Curbing Alice, More Than 60% of Issued U.S. Patents are Software Related

It has been more than two years since I last wrote here that the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision has left …
By Raymond Millien
16 days ago 2