Posts Tagged: patent infringement


ALE Responds and Baxter Weighs in on Chrimar Bid for High Court to Consider ‘Soundness’ of Fresenius/ Simmons Principle

In March, Chrimar Systems, Inc. filed a petition for certiorari asking the U.S. Supreme Court to decide: 1) whether the Federal Circuit may apply a finality standard …
By Eileen McDermott
9 days ago 1

The Electronic Frontier Foundation Still Believes in Fairy Tales

Joe Mullin, a policy analyst at the the Electronic Frontier Foundation (EFF), recently penned a misleading article about the Inventor Rights Act  (H.R. 5478). He says it …
By Paul Morinville
10 days ago 24

McRO Patent Upheld Again at Federal Circuit, But Not Infringed

The U.S. Court of Appeals for the Federal Circuit, in a precedential decision authored by Judge Taranto, today affirmed-in-part, vacated-in-part and remanded a decision of the …
By Eileen McDermott
16 days ago 1

Federal Circuit Finds District Court Correctly Applied Ordinary Observer Test

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. District Court for the Middle District of …
By Rebecca Tapscott
17 days ago 0

District Court Blocks Attempt to Bar New Prior Art References Based on IPR Estoppel

The U.S. District Court for the District of Massachusetts on May 4 denied a motion for partial summary judgment by Palomar Technologies, Inc., holding that the estoppel …
By Eileen McDermott
22 days ago 13

Patent Filings Roundup: ‘Something in the Water’ with Sharp Spike in District Court Filings

Is there something in the water this week? While Patent Trial and Appeal Board (PTAB) filings were up slightly (the spike due entirely to 14 new petitions from …
By Jonathan Stroud
1 month ago 5

Suing for Patent Infringement if the Government Takes Your Intellectual Property During the COVID-19 Pandemic

As COVID-19 continues to rapidly sweep the globe, government agencies at all levels are taking measures to curb the spread of the virus. Private companies have announced …

Are Machines ‘Agents’ for Purposes of the Patent Venue Statute? (Part II)

Part I of this article provided an overview of the Federal Circuit’s understanding of the patent venue statute after the Supreme Court’s decision in TC …
By Peter J. Toren
2 months ago 0

CAFC Affirms District Court Denial of Attorney Fees Where There Was No Final Court Decision

In O.F. Mossberg & Sons, Inc. v. Timney Triggers, LLC, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a district court decision that …
By Rebecca Tapscott
2 months ago 0

Are Machines ‘Agents’ for Purposes of the Patent Venue Statute? (Part I)

In its TC Heartland decision in 2017, the Supreme Court rejected the Federal Circuit’s interpretation of the patent venue law, and held that in order to bring …
By Peter J. Toren
2 months ago 6

Federal Circuit Finds District Court Abused Its Discretion by Enjoining a Patent Holder from Making Allegations of Patent Infringement

The Federal Circuit recently reversed, vacated, and remanded a decision by the United States District Court for the Eastern District of Michigan, finding that the District Court …

Broadcom Asserts Patents Covering ‘Crucial Aspects’ of Netflix Content Delivery

On March 13, American semiconductor developer Broadcom Corporation filed a lawsuit in the Central District of California  alleging claims of patent infringement against streaming media producer and provider …
By Steve Brachmann
3 months ago 0

Federal Circuit Finds District Court Did Not Err in Jury Instructions On ‘Ordinary Observer’ Standard

The U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the District Court for the Southern District of West Virginia finding that …
By Rebecca Tapscott
3 months ago 0

Consumer 2.0 v. Tenant: CAFC Skirts Another 101 Analysis with Rule 36

Last week, the U.S. Court of Appeals for the Federal Circuit issued a Rule 36 judgment in a patent eligibility case, Consumer 2.0, Inc. v. Tenant Turner, Inc., …

The Only Thing the America Invents Act Can’t Take from Me: My Story

A flash of genius hits like lightning. It shocks you into a superior state of understanding and your entire body buzzes. My flash struck in the summer …
By Ari Rosenberg
3 months ago 57