Posts Tagged: Federal Circuit


Supreme Court Kills Apple’s Attempt to Dodge $440 Million Judgment for VirnetX

The Supreme Court today denied certiorari in Apple, Inc. v. VirnetX, Inc. et. al., a development that VirnetX said in a press release spells “triumph” for the …
By Eileen McDermott
11 hours ago 1

Lessons of Wisdom Following Athena SCOTUS Denial and October 2019 Patent Eligibility Guidance Update

This article relates to key practice pointers for making a claim patent-eligible subject matter according to the U.S. Patent and Trademark Office’s (USPTO’s) October 2019 …
By Jay S. Pattumudi
5 days ago 12

Earth to Google: Here’s Why APIs Need to be Copyrightable

On January 6, 2020, Google submitted its brief in Google v. Oracle, kicking off the Supreme Court case that many are calling the “copyright case of the decade.” The …
By Michael Shore
7 days ago 35

Federal Circuit Finds District Court Abused Its Discretion in Admitting Lay Testimony

On February 5, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in HVLPO2, LLC v. Oxygen Frog, LLC in which the appellate …
By Steve Brachmann
15 days ago 0

DOJ Brief to CAFC Slamming Apple Highlights PTAB Code of Conduct Problem

Andrei Iancu, the Director of the United States Patent and Trademark Office (USPTO), has a real mess on his hands. This particular mess relates to the Patent …
By Gene Quinn
18 days ago 34

Federal Circuit Affirms PTAB Obviousness Finding, But Warns Samsung Board’s Authority to Cancel Claims Has Limits

The Federal Circuit in a precedential decision issued earlier today affirmed the Patent Trial and Appeal Board’s finding that Claim 11 of Prisua Engineering Corp.’s U.…
By IPWatchdog
20 days ago 6

CAFC Rules PTAB Did Not Err in Finding Philips Patent Obvious in Light of General Knowledge of POSITA

On January 30, the Court of Appeals for the Federal Circuit (CAFC) affirmed the Patent Trial and Appeals Board’s (PTAB) decision rendering claims 1-11 of U.S. …
By Nancy Braman
21 days ago 1

On Claim Construction, Predictability, and Patent Law Consistency: The Federal Circuit Needs to Vote En Banc

The Federal Circuit needs to go en banc more often. That is the unmistakable lesson not just in light of the Supreme Court’s recent denials of …

PTAB Refuses to Apply SAS Institute on Remand as Ordered by Federal Circuit, Federal Circuit Denies Rehearing

The Federal Circuit recently denied a petition by BioDelivery Sciences International, Inc. (BioDelivery) for a rehearing en banc following a refusal by the Patent Trial and Appeal …

Time to Wake Up: Stakeholders Must Compromise to Save the U.S. Patent System

Things are bad for many innovators and there is little hope for improvement on the foreseeable horizon. Despite the best efforts of Senator Thom Tillis (R-NC) and …
By Gene Quinn
26 days ago 56

Supreme Court Denies Trading Technologies, ChargePoint Petitions

The U.S. Supreme Court today denied two petitions for certiorari filed by Trading Technologies and one by ChargePoint, Inc. asking the Court to review their cases …
By Eileen McDermott
28 days ago 18

In Search of a Jury Trial: One Inventor’s Experience at the PTAB and Federal Circuit

Outlined below is the story of how the America Invents Act (AIA) of 2011 made a novel 2002 invention obvious in 2018. I’m the first named inventor of the 7058524 …
By Paul Hayes
29 days ago 38

Review of Key 2019 Trade Secret Decisions and Trends (Part II)

Part I of this series covered (1) Food Marketing Institute v. Argus Leader Media, 139  S.Ct. 2356 (2020) in which the Supreme Court held that commercial or financial information that …
By Peter J. Toren
30 days ago 0

VirnetX Urges SCOTUS to End Apple Gamesmanship in Decade-Long Patent Battle

VirnetX on Wednesday filed its brief in opposition to Apple’s petition for certiorari to the Supreme Court, which asks the High Court to review the Federal …
By Eileen McDermott
1 month ago 12

CAFC Affirms District Court Judgment on Coffee Cartridge Patents

On January 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision affirming the District Court’s judgment of invalidity as to …
By Randy Nguyen
1 month ago 2