Posts Tagged: Judge Todd Hughes
Rule 36 Affirmances at the Federal Circuit – Week of October 8, 2018
During the week of October 8, 2018, there were five cases involving patents that were decided without an opinion as a result of Rule 36 affirmances at the United States …
Federal Circuit: Attorneys Not Liable for Attorney’s Fees Where Law is Unsettled
A claim is entirely without color when it lacks any legal or factual basis. Because of the relative paucity of § 101 cases between Alice and AlphaCap’s complaint, …
CAFC: Hyatt APA Challenges Time-Barred and Based on Incorrect Statutory Interpretation
The Federal Circuit recently issued an opinion in a decades-longbattle over the microcomputer patent applications of Mr. Hyatt, the named inventor on more than 70 issued patents and …
Federal Circuit Reverses, Finds Opioid Addiction Treatment Patent Nonobvious
The Federal Circuit reversed the District of Delaware’s decision to invalidate Orexo’s opioid treatment patent as obvious because obviousness was not proved by clear and …
The Federal Circuit’s Hidden Agenda
One might naturally expect that, if a rejection under § 101 appealed from the PTAB failed to address all the claim limitations and had zero supporting evidence to determine …
Implied Waiver May Result from Failure to Disclose Pending Application to Standard Setting Organization
The United States Court of Appeals for the Federal Circuit recently issued a ruling on discussing the equitable doctrine of implied waiver; a decision that will be …
Patents Directed to Database Organization of Information Affirmed Invalid
The Federal Circuit continues to focus on the distinction between an improvement in computer capabilities and an abstract idea for which computers are invoked merely as a …
IPR Time-Bar Applies Even If Patent Infringement Suit Voluntarily Dismissed
In Click-To-Call Technologies v. Ingenio, Inc., Yellowpages.com, LLC, the Federal Circuit, sitting en banc, held §315(b) precludes IPR institution when the IPR petitioner was served with …
Rejection of proposal did not obviate requirement to disclose inventions to standard setting body
The Federal Circuit, however, found the district court’s enforceability finding to be unsupported by evidence. The rejection of Nokia’s proposal did not obviate Nokia’s …
CAFC Upholds 101 Invalidation of Database Claims on Summary Judgment Despite Berkheimer
On Wednesday, August 15th, the Court of Appeals for the Federal Circuit issued a precedential decision in BSG Tech LLC v. BuySeasons, Inc. which upheld a decision …
En banc CAFC: Patent applicant Not required to pay PTO attorney fees in District Court appeal
NantKwest filed suit in district court under 35 U.S.C. § 145 to contest the PTO’s rejection of its patent application. The USPTO prevailed and filed a motion …
PTAB Judgment for Patent Owner Reversed, GoPro Catalog is Prior Art
On Friday, July 27th, the Court of Appeals for the Federal Circuit issued a precedential opinion in GoPro, Inc. v. Contour IP Holdings, vacating a final written …
Is the Federal Circuit using Rule 36 to avoid difficult subject matter?
Obviously, Judges cannot be experts on all things, but this apparent lack of understanding of something so fundamental to the case was a bit alarming for the …
Federal Circuit Affirms District Court’s Finding of Validity of Claims Directed to Aveed®
When relying on scientific guidelines to support an obviousness rationale, practitioners should offer evidence for why contradictory guidelines should be discounted. A claimed constituent is not “necessarily …
The Broadest Reasonable Claim Interpretation Cannot Exceed the Specification
TF3’s patent-in-suit is for a “hair styling device” that automated the curling of hair. TF3 appealed the decision of the Board in an IPR requested by …
