Posts Tagged: Federal Circuit


Todd Dickinson: SCOTUS Has Denied 42 Section 101 Petitions Since Alice, So It’s Up to Congress

The first of three hearings on patent eligibility reform is now underway; Q. Todd Dickinson, former USPTO Director and Senior Partner at Polsinelli, was one of the …
By Eileen McDermott
14 days ago 7

SAP Files Brief in InvestPic’s SCOTUS Appeal of ‘Physical Realm’ Test for Patent Eligibility

On May 15, SAP America, Inc. filed a respondent’s brief with the Supreme Court in InvestPic, LLC v. SAP America Inc., a case in which InvestPic’s …
By Steve Brachmann
16 days ago 5

Other Barks & Bites – Friday, May 31: Copyright Infringement for Embedded Images, Poland Complaint on New Copyright Rules, and Senate IP Panels Announced

This week in Other Barks & Bites: the Senate IP Subcommittee announces its roster of panels for its first two of three hearings on patent eligibility in America; …
By IPWatchdog
18 days ago 1

Distinguishing Colloquial Obviousness and Legal Obviousness

Have you ever worked with a lay inventor who had a hard time dealing with obviousness under U.S. patent law? Many patent lawyers have. It is …
By Daniel Hanson
18 days ago 8

Win in Water Balloon Battle Suggests Hope for Patent Owners at PTAB

IPWatchdog’s coverage of the November 2017 Bunch O Balloons district court trial left off with an Eastern District of Texas jury awarding $12.3 million in damages to patent …
By Eric Olavson & Josh Malone
19 days ago 7

The Lineup: Who We’ll Hear from in the First Two Senate Hearings on Section 101 Reform

To kick off the month in which Alice v. CLS Bank will turn five, the Senate Judiciary Committee’s Subcommittee on Intellectual Property will hold its first …
By Eileen McDermott
20 days ago 18

Congress’ Section 101 Fix Would Create a 112(f) Problem

Senators Coons and Tillis and a group of Representatives recently proposed an admirable piece of legislation to amend the Patent Act to abrogate Supreme Court Section 101 cases …
By Robert P. Greenspoon
21 days ago 30

Opticurrent Says Power Integrations Reexamination Attempt is Gamesmanship

On May 13, patent owner Opticurrent, LLC, filed an emergency motion for leave to file a supplemental motion for judgment  in a patent infringement case being fought out …
By Steve Brachmann
22 days ago 1

Other Barks & Bites, Friday May 24: Coons Requests Info on Alexa Privacy, Congress Pushes 101 Reform, and Qualcomm Will Appeal Its Loss to the FTC

This week in Other Barks & Bites: Chinese state media pushes back on the United States’ claims of intellectual property theft; a bipartisan coalition from both houses of …
By IPWatchdog
25 days ago 0

Athena Diagnostics v. Mayo Collaborative Services: a Paradigm of Patent Eligibility Meriting En Banc Review

In Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371, 1376 (Fed. Cir. 2015) the Federal Circuit belittled pioneering work at Oxford University, indisputably one of the world’s leading …
By Paul Cole
26 days ago 22

Determining When a Printed Publication is Publicly Accessible

Twice during the last year, the Federal Circuit found itself clarifying the meaning of public accessibility of a printed publication for the purposes of prior art under 35 …

Federal Alcohol Labeling Following Tam and Brunetti

The U.S. Supreme Court and the Court of Appeals for the Federal Circuit recently struck down certain trademark registration requirements on First Amendment grounds. These cases …

Federal Circuit Affirms $1.3M Attorney’s Fees Award Under Octane Fitness Standard

The Federal Circuit recently affirmed a district court’s award of attorney’s fees under 35 U.S.C. § 285. In particular, the Federal Circuit affirmed the lower court’…

Other Barks & Bites for Friday, May 17: Trump Bans Huawei, Alibaba Shows Improved Brand Protection and China Revises Copyright Law

This week in Other Barks & Bites: Chinese state political advisors suggest changes to the country’s copyright law, including stronger punitive measures for infringement; President Donald Trump …
By IPWatchdog
1 month ago 1

Federal Circuit Affirms Validity of Endo Pharmaceuticals Patent for Morphinan Pain Relief Compounds

The Federal Circuit recently affirmed a district court ruling finding patent infringement after holding that Actavis LLC, Actavis South Atlantic LLC, and Teva Pharmaceuticals USA, Inc. (collectively, “…