Posts Tagged: Federal Circuit


Acer v. Intellisoft Petition Rebukes CAFC for Disrespecting SCOTUS Precedent, Ignoring District Court

Greenberg Traurig and The Rader Group – which is headed by retired Chief Judge of the U.S. Court of Appeals for the Federal Circuit, Randall Rader - …

An Argument for Mandatory Production of Limited Secondary Consideration Evidence by Petitioners in Inter Partes Reviews

The Federal Circuit has repeatedly confirmed that secondary consideration evidence is an integral part of an obviousness analysis (indeed, it “may be the most pertinent, probative, and …
By Kristin Doyle
1 month ago 8

Revised Facebook v. Windy City Opinion Preserves Bar on Self-Joinder for IPRs, Remands to PTAB on Late-Filed Petitions

On September 4, the United States Court of Appeals for the Federal Circuit (CAFC) modified and reissued its March 18, 2020 opinion in Facebook v. Windy City Innovations, LLC, following …
By Rebecca Tapscott
1 month ago 0

Federal Circuit Vacates District Court Invalidity Judgment Based on Judicial Estoppel

On August 28, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the District of Massachusetts’ claim construction in …
By IPWatchdog
2 months ago 0

Tips for Selecting a ‘Lead Compound’ in Compound Claim Challenges

Patent challenges are an indispensable part of the drug approval process under the provisions of the Hatch-Waxman Act (Hatch-Waxman). To gain early market access, multiple types of …
By Amit Tailor
2 months ago 4

Federal Circuit Affirms District Court Claim Construction in Foundation Pile Patent Infringement Dispute

The United States Court of Appeal for the Federal Circuit recently upheld the Central District of California’s ruling of summary judgment that certain accused products of …
By Brandon Reed & Dustin Weeks
2 months ago 4

Judge Michel, Panelists Contemplate the CAFC Past, Present and Future on Day Two of CON2020

Headlining day two of IPWatchdog’s CON2020 was Retired U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Paul Michel, who offered attendees 12 “perspectives” …

Lessons From a Quantitative Analysis of the Federal Circuit’s Section 101 Decisions Since Alice

Everyone agrees that the 2014 Alice v. CLS Bank decision dramatically changed courts’ approach to patent eligibility analyses under Section 101. Six years later, the Federal Circuit has issued …
By C. Graham Gerst & Paul Choi
2 months ago 7

IPWatchdog’s CON2020 Kicks Off with Andrei Iancu on 101, China, and Building Respect for IP

U.S. Patent and Trademark Office (USPTO) Director, Andrei Iancu, joined day one of Virtual CON2020 today to chat with IPWatchdog CEO and Founder Gene Quinn about …
By Eileen McDermott
2 months ago 1

Federal Circuit Remands District Court Decision for Erroneous Claim Construction

On August 27, the United States Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a decision of the U.S. District Court for the District …
By Rebecca Tapscott
2 months ago 0

Federal Circuit Affirms Dismissal of Patent Infringement Complaint Under Res Judicata

The Federal Circuit recently affirmed a decision by the U.S. District Court for the Northern District of California dismissing a complaint for patent infringement on the …

Mandamus Petition to CAFC Sets Up Showdown Between Article III Courts and Stacked PTAB Panels

On August 13, Sand Revolution LLC filed a petition for writ of mandamus with the U.S. Court of Appeals for the Federal Circuit. The petition asks the …
By Steve Brachmann
2 months ago 14

Federal Circuit Affirms District Court Dismissal of Administrative Procedure Act Suit Appealing PTAB Decision

On August 20, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s dismissal of an appeal from the United States Patent …
By Rebecca Tapscott
2 months ago 3

AAM v. Neapco Misreads Federal Circuit Precedent to Create a New Section 101 Enablement-like Legal Requirement – Part II

As detailed in Part I of this article, the recent opinion in AAM, Inc. v. Neapco Holdings, LLC, No. 18-1763 (Fed. Cir. July 31, 2020) misreads and misinterprets Supreme …

New Enablement-Like Requirements for 101 Eligibility: AAM v. Neapco Takes the Case Law Out of Context, and Too Far – Part I

With its recent opinion in AAM, Inc. v. Neapco Holdings, LLC, No. 18-1763 (Fed. Cir. July 31, 2020), and a 6-6 stalemate by the court’s active judges on …