Posts Tagged: Federal Circuit


Judge Albright Enters New Standing Orders on Motions to Transfer for Conformity with CAFC Mandates

On June 8, U.S. District Judge Alan D. Albright of the Western District of Texas signed an amended pair of standing orders regarding motions to transfer filed …
By Steve Brachmann
4 days ago 0

CAFC Affirms District Court Section 101 Dismissal in Patent Infringement Suit Brought Against Samsung/Apple; Newman Dissents

On June 11, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s grant …
By Nancy Braman
5 days ago 31

CAFC Remands Walker Process Antitrust Issue to Fifth Circuit under Xitronex I Precedent

On June 10, the U.S. Court of Appeals for the Federal Circuit (CAFC) transferred Ronald Chandler et. al. v. Phoenix Services, LLC to the United States Court …
By Matthew Schutte
5 days ago 0

Biden Nominee Tiffany Cunningham Tackles Tillis’ Questions on IP Issues at the CAFC

President Joe Biden’s nominee for the U.S. Court of Appeals for the Federal Circuit (CAFC), Tiffany Cunningham, yesterday submitted written responses to a series of …
By Eileen McDermott
9 days ago 16

Written Description in the Life Sciences: The Devil is in the Details

There is a quid pro quo under the U.S. patent laws. In exchange for disclosing her invention, an inventor receives a limited monopoly. Recent developments, however, …

CAFC Affirms District Court Ruling for Amazon on Claim Construction

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the United States District Court for the Northern District of California’s final …
By Butch Laker
12 days ago 0

After Hyatt v. Hirshfeld, it Might Be Time to Pay Attention to Prosecution Laches

Gilbert Hyatt was one of many applicants who filed many patent applications shortly before the June 8, 1995 transition point, where patent terms transitioned from being defined based on 17 …
By Kate Gaudry
13 days ago 13

Five Years after Form 18: Post-Iqbal–Twombly Rule 12(b)(6) and 12(c) Motions to Dismiss Patent Infringement Claims

Today, district courts evaluate whether patent infringement complaints satisfy the plausibility standard under Fed. R. Civ. P. 8 and the Supreme Court’s Iqbal–Twombly standard. Five years …
By Eric Levi
16 days ago 3

CAFC Finds Certain Baxter Telepharmacy Claims Obvious, Reversing PTAB

On May 28, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the Patent Trial and Appeal Board (Board), holding certain claims …
By Logan Murr
17 days ago 0

Jury May Pick Royalty Rate from Range Offered in Expert Testimony

Earlier this year, the Federal Circuit issued a precedential decision in Bayer Healthcare LLC v. Baxalta Inc. in which the court affirmed rulings from the District of …
By Gene Quinn
17 days ago 1

Why SCOTUS’ Decision to Sidestep Copyrightability in Google v. Oracle is Problematic for Cases Involving Command Codes

On April 5, the U.S. Supreme Court held 6-2 that Google’s copying of 11,500 lines of code from the Java SE Application Programming Interface (API) in creating …
By Yeshesvini Chandar
26 days ago 0

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