Posts Tagged: Judge Haldane Robert Mayer
Equitable Considerations Warranted Departure from First-To-File Rule
The United States Court of Appeals for the Federal Circuit recently ruled on an appeal regarding a Pennsylvania district court’s decision to decline jurisdiction over a …
In CAFC Holding Finding Dice Games Abstract, Judge Mayer Delivers Concerning Concurrence
On December 28, 2018, the U.S. Court of Appeals for the Federal Circuit issued an opinion in In re Marco Guldenaar Holding B.V. (2017-2465) in which the …
Federal Circuit Relies on Printed Matter Doctrine in Affirming Examiner’s Rejection of Claims Under 35 U.S.C. § 101
The examiner concluded the claims were directed to the abstract idea of rules for playing a game, which fell within the realm of methods of organizing human …
Federal Circuit Affirms $140M Reasonable Royalty for Sprint in Nonprecedential Decision
The Federal Circuit upheld the district court’s damages award of approximately $140 million for Sprint after Time Warner was found to infringe claims of five patents covering …
Federal Circuit Affirms PTAB’s Finding of Implicit Disclosure
The Federal Circuit recently issued an opinion affirming the Patent Trial and Appeal Board’s (“PTAB”) finding of obviousness of a hot-spot technology patent based on implicit …
CAFC vacates $51 million fee award, exceptional case requires ‘causal connection’ to award fees
The Federal Circuit recently affirmed a district court’s “exceptional” case finding under 35 U.S.C. § 285, which resulted in Appellant Rembrandt Technologies paying attorney’s fees to …
Federal Circuit Denies Petition for Rehearing En Banc in Xitronix Appeal on Walker Process Claims
On Friday, June 15th, the Court of Appeals for the Federal Circuit denied a petition for panel rehearing and rehearing en banc in Xitronix Corporation v. KLA-Tencor …
CAFC Affirms Rejection of Application for Incorrect Inventorship
The Federal Circuit recently affirmed a decision of the United States Patent and Trademark Office to reject VerHoef's pending application 13/328,201 for a dog harness under pre-AIA Section 102(…
Reexam Claim Construction Thwarts Subsequent Infringement Claim
In 01 Communique Lab v. Citrix Systems, the Federal Circuit rejected Communique’s appeal. The court properly relied on a comparison of the allegedly infringing GoToMyPC product to …
BRI does not allow unfettered license to disregard inventor’s description of the invention
The Court took issue with the PTO’s construction of “coupled.” While the “broadest reasonable interpretation” applies at the PTO, that interpretation must be consistent with the …
Federal Circuit Hears Oral Arguments in Case Involving Question of Joint Inventorship Under Section 102(f)
In a prior abandoned patent application, VerHoef listed himself as joint inventor of the dog mobility device with Dr. Lamb, the veterinarian making the suggestion; this joint …
Federal Circuits invalidates patent covering starting a session on one communication-enabled device and transferring it to another
The Federal Circuit decision in the case of CRFD Research v. Matal resolves three appeals involving a single patent: CRFD’s ‘233 patent describing methods and systems that …
Beware Waiver: Recovery Not Permitted on Damages Theories Not Presented/Preserved at Trial
In Promega Corporation v. Life Technologies Corporation, on remand from the Supreme Court, the Federal Circuit affirmed district court rulings that granted Life Technologies’ motion for judgment …
CAFC Reverses and Remands Attorney’s Fees Issue in Newegg’s Favor
The district court made clearly erroneous factual findings that independently supported reversal. Particularly, the record supported a finding that this case was exceptional given the weakness of …
Federal Circuit Affirms CBM Unpatentability Holding; Finding Estoppel Did Not Apply
In Credit Acceptance Corp. v. Westlake Servs. the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board (“Board”) in a Covered Business Method (“CBM”) …
