Posts Tagged: Judge Todd Hughes
Mandamus Relief Denied: Federal Circuit Avoids Clarifying TC Heartland in In re Google LLC
The Federal Circuit recently elected not to decide en banc “whether servers are a regular and established place of business, such that venue is proper under 35 U.…
Federal Circuit Says Erroneous Claim Construction Led PTAB to Uphold Claims as Valid
On Thursday, December 20th, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Vivint, Inc. v. Alarm.com, Inc. which affirmed aspects of …
Federal Circuit Upholds Patent Term Extension for Novartis Drug
The United States Court of Appeals for the Federal Circuit recently affirmed a district court decision finding the '229 patent valid, unexpired, enforceable, and infringed, and granting …
Personal Jurisdiction is Not Established by Prior Lawsuit or Sending Infringement Notice Letters
The Federal Circuit recently affirmed the District Court for the Eastern District of Tennessee’s dismissal of a declaratory judgment action based on a finding of lack …
Reasonable Royalty Cannot Include Activities That Do Not Constitute Patent Infringement
In Enplas Display Device Corp. v. Seoul Semiconductor Co., the Federal Circuit vacated a $4 million damages award to Seoul Semiconductor Co. (“Seoul”), holding that the district court …
Defensive Collateral Estoppel Applies Only if Essentially Identical Accused Product Found Non-infringing
In its opinion, the Federal Circuit explained that defensive collateral estoppel of non-infringement applies in very limited circumstances where “a close identity exists between the relevant features …
CAFC finds nexus between minimally invasive surgical patent and commercialized procedure
On Friday, November 9th, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in NuVasive, Inc. v. Iancu, which vacated certain findings of the …
Blockbuster Restasis Patent Goes Down at Federal Circuit a Victim of Rule 36
Without any explanation, analysis or justification, Chief Judge Prost, and Judges Reyna and Hughes affirmed the decision of colleague Judge Bryson. A patent to a blockbuster drug …
CAFC Vacates PTAB Obviousness Decision, Nonobviousness Nexus Established by Patent Owner
The Federal Circuit recently issued a non-precedential decision in LiquidPower Specialty Products v. Baker Hughes, vacating and remanding a final written decision from the Patent Trial and …
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 …
