Posts Tagged: Inc.


CAFC Reiterates Sovereign Immunity Is a Shield, Not a Sword

On September 5,  the U.S. Court of Appeals for the Federal Circuit (CAFC) held that state sovereignty principles asserted by the Board of Regents of the University …
By Nancy Braman
1 month ago 0

Have Federal Circuit Judges Summarily Affirmed Your Patent Appeal Without Explaining Why? Tell SCOTUS

SPIP Litigation Group, LLC v. Apple, Inc. and Cisco Systems, Inc., No. 19-253., concerns four patents that have been the subject of decisions by the Patent Trial …
By Nathan Lewin
2 months ago 58

Note to the Federal Circuit: Spewing Illogical Nonsense Does Not Make It True

The Federal Circuit recently reversed the District of Minnesota’s denial of summary judgment in Solutran, Inc. v. Elavon, Inc., Nos. 2019 U.S. App. LEXIS 22516 (Fed. Cir. …
By Gene Quinn
2 months ago 56

Apple’s Multiple Petitions Against Nartron Patent Underscore PTAB’s Serial IPR Problem

Last week, the Patent Trial and Appeal Board (PTAB) issued 18 institution decisions based on petitions for inter partes review (IPR) proceedings, instituting 10 and denying eight. One of …
By IPWatchdog
2 months ago 0

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
3 months ago 0

Federal Circuit Cellspin Ruling Provides Important Clarifications on Aatrix and Berkheimer

On June 25, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Cellspin Soft, Inc. v. Fitbit, Inc. (2018-1817, 2018-1819 to 1826), reversing a …
By John M. Rogitz
4 months ago 3

The Pathway to Foreign Damages for Patent Infringement

Automobiles, smartphones, laptops, medical devices, among other end products, contain scores of individual components supplied by vendors. For end products sold domestically, vendors for the components are …
By Zachary Silbersher
4 months ago 0

Invest Pic v. SAP America, Inc. Amicus Brief Takes on CAFC’s ‘Physical Realm’ Test

Among the seven amicus curiae briefs filed Monday with the U.S. Supreme Court in InvestPic, LLC, v. SAP America, Inc., Eagle Forum Education & Legal Defense Fund’…
By James Edwards
6 months ago 7

Invitation to Join Amicus Brief in Federal Circuit Rehearing of Athena Diagnostics v. Mayo

Athena Diagnostics filed a petition for en banc rehearing of the United States Court of Appeals for the Federal Circuit’s decision in Athena Diagnostics v. Mayo …
By Sherry Knowles & Meredith Addy
6 months ago 3

Tillis, Coons Ask Iancu to Take Action on Serial IPR Challenges

In their latest letter weighing in on intellectual property issues, Senators Thom Tillis and Chris Coons have expressed their concerns about the effects of “serial” inter partes …
By IPWatchdog
6 months ago 9

The Federal Circuit Just ‘Swallowed All of Patent Law’ in ChargePoint v. SemaConnect

In ChargePoint Inc. v. SemaConnect, Inc., (2018-1739) the Federal Circuit inexplicably stated in its opinion that “[i]t is clear from the language of claim 1 that the …
By Russell Slifer
6 months ago 53

Request for Amici: Tell the Supreme Court to Clarify Section 101

On March 8, Foster Pepper filed a petition for certiorari with the Supreme Court, case number 18-1199, challenging the Federal Circuit’s emerging “physical realm” test as part …
By Bill Abrams & Rich Black
7 months ago 13

Latest Apple/Qualcomm Ruling Highlights Question of ‘Unwilling Licensees’

On March 20, U.S. District Judge Gonzalo Curiel of the Southern District of California issued an order denying a motion by Apple, which was seeking partial judgment …
By Steve Brachmann
7 months ago 4

Why it May Be Time to Provide Criminal Remedies for Patent Infringement

Under normal circumstances, infringement and misappropriation of the intellectual property (IP) rights of others are subject to civil liability under U.S. federal (and some states’) law; …
By Brooke Blackman
7 months ago 27

Federal Circuit Deems Written Description Requirement Satisfied if Specification Identifies the Claimed Invention in a Definite Way

The United States Court of Appeals for the Federal Circuit recently issued a ruling reversing a district court’s grant of summary judgment of non-infringement and invalidity …