Posts Tagged: Judge Alvin Schall
Federal Circuit Again Considers USPTO Calculation of PTA in Supernus Pharmaceuticals v. Iancu
Last week, the U.S. Court of Appeals for the Federal Circuit reversed a ruling of the U.S. District Court for the Eastern District of Virginia, …
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 …
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 …
Petitioner Has Standing to Appeal PTAB Decision Where Litigation is Inevitable
Altaire filed two complaints against Paragon: (1) alleging a breach of the non-disclosure clause of the Agreement, and (2) seeking declaratory judgment that the ‘623 patent was invalid. Paragon, in …
Disputed Claim Construction Not Suitable for Resolution on a Motion to Dismiss
Nalco asserted that the only difference between its patented method and the Chem-Mod Process was the location of the injection. The district court dismissed Nalco's complaints for …
Federal Circuit Reverses and Remands Board Decision Upholding Patentability
In an appeal from an IPR in which the Board upheld the patentability of several patent claims, the Federal Circuit vacated the decision and remanded to the …
Federal Circuit affirms patent owner victory of lost profits, enhanced damages
The standards for overturning a jury verdict and Court’s award of enhanced damages are high. The legal standard regarding lost profits is not limited to one …
Music Artist will.i.am Cannot Trademark “I Am”
In re i.am.symbolic, llc, William Adams, better known by his stage name “will.i.am”, was refused registration of a Trademark for “I AM” on …
Federal Circuit says Will.i.am not allowed to trademark I AM
William Adams is the well-known front man for the music group The Black Eyed Peas and is known as will.i.am. Adams’ company – i.am.symbolic, …
Specific Personal Jurisdiction Requires ‘Substantial’ not ‘Attenuated’ Forum Contacts
NexLearn sued Allen in district court, alleging patent infringement and breach of contract, based on a nondisclosure agreement (NDA) that allowed Allen to use a trial version …
Federal Circuit Finds District Court Mischarged the Jury on Induced Infringement
This case concerns ongoing disputes between Power Integrations and Fairchild Semiconductors. The companies sued each other in Delaware, each asserting infringement of multiple patents by the other. …
CAFC says Antedating a Reference under Section 102(g) Focuses on Critical Period as a Whole
In an IPR decision, the Patent Trial and Appeal Board invalidated several claims from U.S. Patent No. 6,030,384 as anticipated or obvious over Japanese Publication No. H1033551…
Federal Circuit presumes inventorship correct even when considering standing
Drone sued Parrot for indirect infringement of two patents relating to remote-controlled drones... The Federal Circuit sided with Drone and refused to substantively examine inventorship, where Drone’…
Using a European technical effect approach to software patent-eligibility
Unlike Judge Chen’s breadth-based approach, Judge Hughes appears to adopt the proposal of using the European technical effect ( or “technological arts”) analysis to determine whether a …
CAFC Vacates Judgment on Pleadings in Light of Revised Standard for Divided Infringement
The Court vacated the judgment against Mankes and remanded the case for further consideration. Because the law was in a state of flux, the Plaintiff pled facts …
