Posts Tagged: Judge Evan Wallach
Who Will it Be? IP Practitioners Name Their Picks for Biden CAFC Appointee Following Judge Wallach’s Retirement
U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Evan J. Wallach announced earlier this week that he will retire from active service and assume …
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 …
Google Wins Mandamus at Federal Circuit in EDTX Venue Dispute
The Court believed the time was now appropriate to address this issue through a writ of mandamus noting that several similar cases had now been heard in …
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 …
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.…
Sending Infringement Notice Letters May Create Personal Jurisdiction
The United States Court of Appeals for the Federal Circuit recently reversed a district court’s grant of motion to dismiss a declaratory judge action against Plano …
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 …
Defensive Collateral Estoppel Applies Only if Essentially Identical Accused Product Found Non-infringing
In its opinion, the Federal Circuit explained that defensive collateral estoppel of non-infringement applies in very limited circumstances where “a close identity exists between the relevant features …
CAFC: Patent Claim Directed to Concrete Assignment of Specified Functions is Patent Eligible
The Federal Circuit recently reversed the Western District of Washington’s dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure where the district court held …
Federal Circuit Holds a ‘Similar Enough’ Claim Construction Doesn’t Violate the APA
In Hamilton Beach Brands v. F’Real Foods, the Federal Circuit found that under the Administrative Procedure Act, the Patent Trial and Appeal Board’s adopted claim …
Federal Circuit Vacates PTAB Decision That Video Messaging Patent Claims Were Nonobvious
The Federal Circuit panel of Circuit Judges Timothy Dyk, Evan Wallach and Richard Taranto determined that the PTAB’s decision to uphold patent claims challenged by WhatsApp …
Supreme Court Refuses Another 101 Patent Eligibility Appeal
REAL argued in its petition that step two of the Alice test used to determine invalidity under Section 101 requires questions of fact that were never asked by …
Federal Circuit Vacates PTAB’s Decision to Uphold Enthone Patent
The Federal Circuit recently issued a nonprecedential decision in BASF Corporation v. Enthone, Inc. which vacated an earlier decision stemming from an inter partes review (IPR) proceeding …
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 …
Federal Circuit: Attorneys Not Liable for Attorney’s Fees Where Law is Unsettled
A claim is entirely without color when it lacks any legal or factual basis. Because of the relative paucity of § 101 cases between Alice and AlphaCap’s complaint, …
