Posts Tagged: Judge Jimmie Reyna


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 …

CAFC: Hyatt APA Challenges Time-Barred and Based on Incorrect Statutory Interpretation

The Federal Circuit recently issued an opinion in a decades-longbattle over the microcomputer patent applications of Mr. Hyatt, the named inventor on more than 70 issued patents and …

To invalidate method claims a challenger must show more than the prior art is ‘capable of’ performing the claimed limitations

To invalidate method claims, a challenger must show more than that the prior art is “capable of” performing the claimed limitations—the challenger should also show that “…

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 …

Intellectual Ventures v. T-Mobile: Summary Judgment of Non-Infringement Vacated Due to Incorrect Claim Construction

In claim construction analyses, the plain and ordinary meaning of a claim term will not be narrowed by statements in the prosecution history, unless those statements clearly …

CAFC vacates Summary Judgment entered against Intellectual Ventures

On Tuesday, September 4th, the Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Ventures I LLC v. T-Mobile USA, Inc., et. al., …
By Steve Brachmann & Gene Quinn
1 month ago 0

Federal Circuit Vacates PTAB Decision for Failure to Consider Ericsson Reply Brief

In its decision, the Federal Circuit noted that the PTAB is entitled to strike arguments improperly raised in a reply brief under 37 CFR § 42.23(b). However, the appellate …
By Steve Brachmann
2 months ago 0

Implied Waiver May Result from Failure to Disclose Pending Application to Standard Setting Organization

The United States Court of Appeals for the Federal Circuit recently issued a ruling on discussing the equitable doctrine of implied waiver; a decision that will be …

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 …

Patents Directed to Database Organization of Information Affirmed Invalid

The Federal Circuit continues to focus on the distinction between an improvement in computer capabilities and an abstract idea for which computers are invoked merely as a …

IPR Time-Bar Applies Even If Patent Infringement Suit Voluntarily Dismissed

In Click-To-Call Technologies v. Ingenio, Inc., Yellowpages.com, LLC, the Federal Circuit, sitting en banc, held §315(b) precludes IPR institution when the IPR petitioner was served with …

Rejection of proposal did not obviate requirement to disclose inventions to standard setting body

The Federal Circuit, however, found the district court’s enforceability finding to be unsupported by evidence. The rejection of Nokia’s proposal did not obviate Nokia’s …
By Steve Brachmann & Gene Quinn
2 months ago 1

CAFC Upholds 101 Invalidation of Database Claims on Summary Judgment Despite Berkheimer

On Wednesday, August 15th, the Court of Appeals for the Federal Circuit issued a precedential decision in BSG Tech LLC v. BuySeasons, Inc. which upheld a decision …
By Steve Brachmann
2 months ago 15

LED Patent Invalid for Lack of Enabling Disclosure for All Claimed Permutations

Trustees of Boston University (“BU”) sued Everlight Electronics Co., Ltd., and others (collectively, “Everlight”) for infringement of U.S. Patent No. 5,686,738 (the “738 Patent”). The Federal Circuit reversed …

En banc CAFC: Patent applicant Not required to pay PTO attorney fees in District Court appeal

NantKwest filed suit in district court under 35 U.S.C. § 145 to contest the PTO’s rejection of its patent application. The USPTO prevailed and filed a motion …

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