Posts Tagged: Judge Richard Linn
Federal Circuit Corrects District Court’s Claim Construction
The United Stated Court of Appeals for the Federal Circuit recently held that a district court erred in its claim construction and vacated the district court’s …
Conclusory Legal Opinions of Patentee’s Expert Not Enough to Prevent 12(b)(6) Dismissal
Several weeks ago, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Glasswall Solutions Limited v. Clearswift Ltd., affirming a district court’s …
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, …
TC Heartland Update: Federal Circuit decides ZTE and Bigcommerce
Of the many lingering issues left in TC Heartland’s wake for domestic corporations, a Federal Circuit panel resolved several of them recently. In In re ZTE (…
In a Multi-District State, venue proper where defendant maintains a principal place of business
In patent infringement suits brought against a corporate defendant in a state with multiple judicial districts, venue is only proper in the single district where the defendant …
CAFC says plaintiff bears the burden of proving venue is proper in a patent infringement suit
After the case was filed in the Eastern District of Texas, ZTE filed a motion to transfer the case to the Northern District of Texas under 28 U.…
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 …
Smart Systems decision a sad reminder of deleterious state of U.S. patent eligibility law
The Federal Circuit evidences a great deal of myopia to declare that these patents are not directed to a technological advance, even if they can string together …
CAFC Rules Mass Transit Fare System Claims Patent Ineligible
In Smart Sys. Innovations, LLC v. Chi. Transit Auth., the majority of a Federal Circuit panel affirmed a district court’s holding that several claims of four …
PTAB Abused Discretion by Failing to Consider Material Evidence
Under Patent Office regulations, a party seeking to submit supplemental information more than one month after the date an IPR is instituted must request authorization to file …
CAFC: Arbitration of Intellectual Property Claims Not Covered by Agreement
The Court determined that the scope of the arbitration provision did not cover the intellectual property claims before the district court because the arbitration provision only covered …
Statements Made by Patent Owner During IPR Can Support Finding of Prosecution Disclaimer
In the case of Aylus Networks, Inc. v. Apple Inc., the Federal Circuit affirmed the district court’s finding of summary judgment for Apple Inc. (“Apple”). The …
Is It Really That Obvious? A Tale of Two Decisions
On January 3, 2017 the Court of Appeals for the Federal Circuit (the court) handed down two decisions relating to obviousness under § 103 – In re: Marcel Van Os, Freddy Allen …
AT&T Settlement Agreement Admissible in Sprint Patent Litigation
The Federal Circuit found that the district court did not abuse its discretion in admitting the AT&T settlement agreement for several reasons. First, the agreement covered …
