Posts Tagged: Judge Todd Hughes
Federal Circuit applies collateral estoppel where prior IPR previously construed related claim
Collateral estoppel is not limited to identical patent claims or claims within a single patent and may preclude a contradictory construction of a claim term already construed …
Federal Circuit Affirmed Obviousness of ‘435 Patent Claims
The broadest reasonable construction of “sterilant concentration levels” encompassed both the “gas laden” (or “in air”) sterilant levels and the residual sterilant levels. Nothing in the specification …
Holder for Car Camera Does Not Infringe Patent for Removable Book Holder
in Ottah v. Fiat Chrysler, Chikezie Ottah appealed the lower court’s grant of summary judgment of non-infringement and dismissal of the complaint with prejudice. Ottah’s …
PTAB Ruling Tainted by Hindsight; Failure to Consider Undisputed Commercial Success
The Federal Circuit also remanded to the Board further consideration of the undisputed evidence presented by Polaris that its ATVs were a commercial success. Polaris presented undisputed …
Distribution Agreement Considered a Commercial Offer and On-Sale Bar
The Federal Circuit reiterated that the on-sale bar does not exempt commercial agreements between a patentee and its supplier or distributor. It is the commercial character of …
SCOTUS to decide if lost profits can be awarded for infringement committed on high seas
The Supreme Court will hear WesternGeco LLC v. ION Geophysical Corp., which asks whether the Federal Circuit erred in holding that lost profits arising from prohibited combinations …
Claims not directed to abstract results when reciting specific steps that accomplish a desired result
According to the Federal Circuit, The claims simply do not simply recite an abstract result. Because the claims recite specific steps that accomplish a desired result, the …
Federal Circuit says Finjan virus-screening method not abstract, is patent eligible
In Finjan, Inc. v. Blue Coat Systems, Inc., the United States Court of Appeals for the Federal Circuit recently affirmed-in-part, reversed-in-part, and remanded the case to the …
En Banc Federal Circuit Reverses Achates, Time-Bar Determination is Appealable
Inter Partes Review proceedings (IPRs) are subject to statutory timing provisions. The Court, sitting en banc, reviewed whether PTAB decisions determining whether an IPR was timely filed …
Petitioner Must Prove Unpatentability of Patentee’s Substitute Claims in an IPR
Due to the recent decision in Aqua Products v. Matal, 872 F.3d 1290 (Fed. Cir. 2017), the Court disagreed with the Board’s decision to deny Bosch’s motion …
TC Heartland Update: Decision Changed the Law on Venue
The U.S. Court of Appeals for the Federal Circuit recently issued its decision in In re Micron Tech., Inc., Case No. 2017-138 (Fed. Cir. Nov. 15, 2017), and …
Amgen v. Sanofi: A well characterized antigen insufficient for written description of an antibody
In what appears to be a clear departure from the past, in Amgen, the Federal Circuit has rejected the test, basing its rejection on the ground that …
Federal Circuit Finds TC Heartland Changed Controlling Law, Can Be Applied Retroactively
Arguing against Micron’s motion to dismiss, Harvard contended that TC Heartland only affirmed a previous precedent set by SCOTUS and that the improper venue challenge was …
Surviving Alice: Sufficient Inventive Concept Must be in Claim, Not Specification
In Two-Way Media Ltd v. Comcast Cable Communs., LLC, (Opinion for the court, Reyna, J.), the Federal Circuit affirmed a district court decision finding four patents owned …
Federal Circuit affirms PTAB invalidation of Uniloc patent which wasn’t invalid in 65 district court cases
The Uniloc patent invalidated by the PTAB in this case is U.S. Patent No. 5490216, titled System for Software Registration and issued in February 1996. It claims a …
