Posts Tagged: Judge Jimmie Reyna


Federal Circuit Vacates PTAB’s Determination of CBM Patent After Appeal by Apple and Google

On Wednesday, July 11th, the Court of Appeals for the Federal Circuit issued a decision in Apple v. ContentGuard Holdings vacating a decision by the Patent Trial …
By Steve Brachmann
2 days ago 0

Did Federal Circuit Fail to Understand the Technology? We Will Never Know Thanks to Rule 36!

But did Judge Reyna really fail to understand the importance that a web page and the page server are not the same thing as the Federal Circuit …

Federal Circuit Hears Oral Arguments on St. Regis Appeal of Tribal Sovereign Immunity

On Monday, June 4th, the Court of Appeals for the Federal Circuit heard oral arguments in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals, a case appealed from …
By Steve Brachmann
1 month ago 3

‘Graphical User Interface’ does not necessarily invoke means-plus function analysis

In Zeroclick, LLC v. Apple Inc., before Judge Jimmie Reyna, Judge Richard Taranto, and Judge Todd Hughes, Zeroclick appealed a district court's interpretation of the claims as …

CAFC Vacates Board for Moving Target Rejections, Failure to Consider Reply Brief

The moving target rejections were largely due to the fact that the examiner's first clear explanation that she was relying on structural identity, and not inherency, appeared …

Federal Circuit Vacates, Remands After PTAB Fails to Consider Arguments in Reply Brief

On Friday, June 1st, the Court of Appeals for the Federal Circuit issued a decision in In re: Durance striking down a decision by the Patent Trial …
By Steve Brachmann
1 month ago 6

Federal Circuit Reverses District Court’s Invalidation of Patents Asserted Against Apple

On appeal to the Federal Circuit, Zeroclick argued that the district court erred in construing those two terms as means-plus-function limitations, an argument with which the Federal …
By Steve Brachmann
1 month ago 0

Patents Invalidated for Lack of Written Description

Disclosure of one way to attach or position a roof assembly (a species) did not provide an adequate written description of other ways to attach or position …

No blanket prohibition against the introduction of new evidence during an inter partes review

There is no blanket prohibition against the introduction of new evidence during an inter partes review proceeding, indeed new evidence should be expected. A petitioner can introduce …

Foreign Defendant Subject to Personal Jurisdiction for Purposely Directing Activities to the U.S.

The Federal Circuit held that it would be reasonable and fair to exercise specific personal jurisdiction over DAL because the United States has an important interest in …

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.…

Written Description Support for Claimed Range Requires More than Broad Disclosure

Appellant General Hospital Corp. (“GHC”) appealed the Board’s dismissal of an interference because the claims of its involved patent application lacked sufficient written description. The disclosure …

CAFC Remands Medinol Patent Suit Against Cordis After SCOTUS Overturns Laches Finding

On Thursday, April 20th, the Court of Appeals for the Federal Circuit issued a decision in Medinol Ltd. v. Cordis Corporation et. al. which vacated and remanded …
By Steve Brachmann
2 months ago 1

Control Over District Court Litigation is Required for Time Bar Under 35 U.S.C. § 315(b)

An IPR petition is not time-barred for reasons of privity with a district court defendant in a prior litigation when no evidence shows that the petitioner controlled …

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