Posts Tagged: Judge Raymond Clevenger
Even If New Matter, Entire Application Relevant to Assessing Compliance with Written Description Requirement
Several weeks ago, in a non-precedential opinion, the Court of Appeals for the Federal Circuit issued a decision in In re: David Tropp, which vacated and remanded …
Supremes Deny 101 Appeal Dealing with Electronic Data and Electromagnetic Signals
On Monday, December 3rd, the U.S. Supreme Court denied a petition for writ of certiorari in Carl M. Burnett v. Panasonic Corporation, declining to take up …
Service Starts § 315(b) Time-Bar Even If Complaint Involuntarily Dismissed Without Prejudice
In Bennett Regulator Guards, Inc. v. Atlanta Gas Light Co. the Federal Circuit ruled the time-bar for filing a petition for inter partes review in Section 315(b) …
Entire market rule only when infringed feature constitutes sole basis for consumer demand
To base its damages theory on the entire market value rule, Power Integrations bore the burden of proving “the patented feature is the sole driver of customer …
Entire Market Value Rule Inappropriate When Patented Feature Not Sole Driver of Customer Demand
Power Integrations, Inc. owns U.S. Patent Nos. 6,212,079 ("the '079 patent") and 6,538,908 ("the '908 patent"). Power Integrations sued Fairchild Semiconductor Corporation and Fairchild (Taiwan) Corporation (collectively "Fairchild") …
Patents Invalidated for Lack of Written Description
Disclosure of one way to attach or position a roof assembly (a species) did not provide an adequate written description of other ways to attach or position …
Merck Hepatitis C Virus Treatment Patents Unenforceable due to Unclean Hands
On Wednesday, April 25th, the Court of Appeals for the Federal Circuit issued a precedential decision in Gilead Sciences v. Merck & Co. et. al., which affirmed a …
Federal Circuit Allows USPTO to Defend Appeal from Inter Partes Reexamination
In Knowles Elecs. LLC v. Iancu, Knowles appealed the inter partes reexamination decision of the Board, which affirmed an examiner’s finding that certain claims were anticipated …
Despite Discovery Violations, Amneal Prevails on against Merck in Nasonex Patent Dispute
Merck appealed the lower court’s finding of non-infringement of U.S. Patent No. 6,127,353 (“the ‘353 patent”), which is directed toward mometasone furoate monohydrate (“MFM”), commercially used in …
Jury ignores Stop Instruction in Verdict Form, Resubmission to Jury was Appropriate
This appeal revolves around the jury verdict form. The form included a stop instruction, which told the jury not to consider invalidity defenses unless first finding infringement. …
Patent-Ineligible Claims Dismissed Based On Intrinsic Evidence
The Federal Circuit heard the case of Secured Mail Solutions LLC v. Universal Wilde, Inc., where the Appellant, Secured Mail Solutions LLC (“Secured Mail”) appealed from the …
Federal Circuit says non-profit EFF has standing in IPR appeal
In an IPR brought by Electronic Frontier Foundation (EFF), Personal Audio appealed a Board determination that invalidated its patent for storing and distributing episodic media files. Personal …
PTAB’s Claim Construction Regarding Means-Plus-Function Limitation Was Erroneous
The Federal Circuit vacated and remanded the Board’s finding of obviousness of certain challenged claims based on a means-plus-function limitation, affirmed the Board’s finding of …
Broad List of References by PTAB Not Adequate Notice of Specific Combinations of Prior Art
The Court warned that by holding that EmeraChem did not have adequate notice or opportunity to respond, it was not holding that the Board is constricted in …
Federal Circuit Affirms Patent Invalidity and District Court’s Denial of Post-Judgment Motions
The Federal Circuit heard the case on TVIIM, LLC v. McAfee, Inc. A unanimous panel of the Federal Circuit affirmed jury determinations of non-infringement and patent invalidity …
