Posts Tagged: Judge Gajarsa


The Future is in Our Hands; No Room in the U.S. for Second Best

A reliable and predictable patent law is more necessary than ever, for technology is a much larger part of our industrial product than ever. The recent Supreme …
By Renee C. Quinn
8 months ago 6

Remembering Nuijten and Comisky 5 Years Later

On Thursday, September 20, 2007, the United States Court of Appeals for the Federal Circuit issued two decisions that provoked much debate, and which deserve to be remembered. The …
By Gene Quinn
7 years ago 14

Flashback Seagate: Indifference to Patent Rights of Innovators

After dispatching with Underwater Devices the Federal Circuit announced the new rules, which requires at least a showing of objective recklessness in order to support a finding …
By Gene Quinn
7 years ago 4

Bio/Pharma Amici Brief Filed in Marine Polymer Reexam Appeal

On September 26, 2011, the a three-judge-panel of the United States Court of Appeals for the Federal Circuit issued a ruling in Marine Polymer Technologies, Inc. v. HemCon, Inc., …
By Gene Quinn
8 years ago 4

Chief Judge Rader Says KSR Didn’t Change Anything, I Disagree

Upon hearing Rader make such a bold statement the first thought that ran through my mind was — Really? Did he just say that? I have heard from …
By Gene Quinn
8 years ago 60

UNH Law Honors Newman, Gajarsa Named Distinguished Jurist

There is much to write about the event, but I will start my week long coverage with an overview of the event. As the week progresses I …
By Gene Quinn
8 years ago 4

UNH School of Law Opens Franklin Pierce Center for IP

Indeed, the new Franklin Pierce Center for Intellectual Property at the University of New Hampshire School of Law will formally open with a bang! Chief Judge Randall …
By Gene Quinn
8 years ago 1

CAFC: Intervening Rights for Claims Unamended During Reexam*

I like writing about esoteric patent law topics and the question of “intervening rights” in reexaminations/reissues is one of the more esoteric. See my 1998 JPTOS article …
By Eric Guttag
8 years ago 0

Federal Circuit Again Rules Equivalent Foreseeable in Duramed

In Duramed, the invention claimed in U.S. Pat. No. 5,908,638 (the “’638 patent”) involved a conjugated estrogen pharmaceutical compositions for use in hormone replacement therapies. The critical aspect …
By Eric Guttag
8 years ago 3

Federal Circuit Grants Writ of Mandamus in False Marking Case

Seeking a writ of mandamus seems as if it is becoming a more popular avenue to pursue than it once might have been. A writ of mandamus …
By Gene Quinn
8 years ago 1

Part 2: Don Dunner on CAFC Judges & Future CAFC Candidates

In this second installment of my interview with Don Dunner, the dean of CAFC appellate advocates, we talk about which judges on the Federal Circuit ask the …
By Gene Quinn
8 years ago 0

Judge Kathleen O’Malley Finally Confirmed by Senate for CAFC

Judge Kathleen O'Malley was confirmed by the United States Senate earlier today. O'Malley's confirmation, along with the confirmation of 18 others in recent days, is the result of …
By Gene Quinn
9 years ago 8

News, Notes & Announcements

In this edition of News, Notes & Announcements, the mother of all patent trolls, Acacia Research Corporation, scores two more licensing agreements, one with IBM the other with …
By Gene Quinn
9 years ago 1

Jumping Down the Rabbit Hole: Federal Circuit Ducks the Patent-Eligibility Issue in King Pharmaceuticals

With an opportunity to render some order out of the Bilski chaos, the Federal Circuit instead completely ducked the patent-eligibility issue clearly presented in King Pharmaceuticals. The …
By Eric Guttag
9 years ago 10

No $5.4 Trillion Bounty for False Patent Marking Bounty Hunter

In Perquignot v. Solo Cup Co., the stakes were truly mind-boggling: about $10.8 trillion in total. Approximately $5.4 trillion of that bounty would be the federal government’s share …
By Eric Guttag
9 years ago 4