Posts Tagged: Chief Judge Sharon Prost


Federal Circuit Vacates and Remands District Court’s Infringement and Willfulness Findings in Omega Patents v. CalAmp

On April 8, the Court of Appeals for the Federal Circuit issued a precedential decision in Omega Patents, LLC v. CalAmp Corp. that reversed and vacated a district …
By Steve Brachmann
1 month ago 1

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On Thursday, December 20th, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Vivint, Inc. v. Alarm.com, Inc. which affirmed aspects of …
By Steve Brachmann
5 months ago 1

Continuing to Pursue Claim Construction Arguments Does Not Make Case Exceptional

The Federal Circuit recently affirmed the decision of the Federal District Court for the District of Minnesota denying attorney fees to Wright Medical Technology, Inc. Spineology, Inc. …

Even If New Matter, Entire Application Relevant to Assessing Compliance with Written Description Requirement

Several weeks ago, in a non-precedential opinion, the Court of Appeals for the Federal Circuit issued a decision in In re: David Tropp, which vacated and remanded …
By Gene Quinn & Steve Brachmann
5 months ago 1

CAFC Refuses to Find Post-URAA Patent to be Invalidating Reference Against Pre-URAA Patent

The Federal Circuit recently reversed a decision by the United States District Court for the District of Delaware holding that a patent filed after the Uruguay Round …

CAFC Affirms PTAB Win for Patent Owner in Nonprecedential Decision, Chief Prost Dissents

The Federal Circuit recently issued a nonprecedential opinion in Amazon.com, Inc. v. ZitoVault, LLC, affirming a decision by the Patent Trial and Appeal Board (PTAB) that …
By Gene Quinn & Steve Brachmann
6 months ago 2

Federal Circuit affirms PTAB Mixed Decision in Acceleration Bay v. Activision Blizzard

Acceleration Bay appealed the final written decisions of the Board holding claims 1-9 of U.S. Patent No. 6,829,634, claims 1-11 and 16-19 of U.S. Patent No. 6,701,344, …

Federal Circuit says Assignor Estoppel Has “No Place” in IPR Proceedings

The Federal Circuit recently found that assignor estoppel has “no place in IPR proceedings,” affirming a holding of the Patent Trials and Appeal Board (“Board”) that assignor …

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 …
By Gene Quinn & Steve Brachmann
6 months ago 23

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 …
By Gene Quinn & Steve Brachmann
7 months ago 7

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 …
By Gene Quinn & Steve Brachmann
7 months ago 11

Federal Circuit Decision Erases $234 million Damages Awarded to WARF

The Federal Circuit recently issued a ruling reversing the district court’s denial of Apple Inc.’s (“Apple”) motion for judgment as a matter of law (“JMOL”) …

Federal Circuit Affirms PTAB Invalidation of Claims Federal Circuit Previously Upheld as Valid

Previously, the ITC instituted an investigation of Instradentdental implants based on a complaint filed by Nobel alleging violations of 19 U.S.C. § 1337 by reason of importation of …

Federal Circuit Affirms Board: No Interference-in-Fact for CRISPR-Cas9 Technology

The Federal Circuit recently weighed in on an interference proceeding between the University of California (“UC”) and the Broad Institute over the use of CRISPR-Cas9 technology. The …