Posts Tagged: patent infringement


Illumina v. Ariosa: En Banc Rehearing Denied, Illumina Patents Again Upheld on Rehearing

On August 3, the United States Court of Appeals for the Federal Circuit (CAFC) denied a petition for rehearing en banc and issued a modified opinion, following a …
By Rebecca Tapscott
3 hours ago 0

Split CAFC Holds That a State Asserting Sovereign Immunity May Not Be Joined as Involuntary Plaintiff

On July 24, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States District Court for the Southern District of …
By Rebecca Tapscott
6 days ago 0

Navigating Patent Drafting and Prosecution of Standards-Related Technologies

As far back as the Roman Empire, standardization has improved the efficiency of human endeavors. In the present day, as high-bandwidth communication and Internet of Things (IoT) …
By Anna Z. Lloyd
9 days ago 0

Federal Circuit Affirms ITC Refusal to Rescind Exclusion Order Due to Assertion of Patent Invalidity

Last week, the U.S. Court of Appeals for the Federal Circuit affirmed a decision of the U.S. International Trade Commission in Mayborn Group, Ltd. v. …
By Rebecca Tapscott
13 days ago 2

Mystery Science: What Lemley and His Colleagues Get Wrong in Their Push for SCOTUS to Review TCL v. Ericsson

In December 2019, the United States Court of Appeals for the Federal Circuit issued a decision in a standard essential patent (SEP) appeal involving Ericsson and TCL Communication …
By Gene Quinn
16 days ago 8

Federal Circuit Affirms District Court’s Eligibility Analysis, Reyna Dissents

On July 14, the United States Court of Appeals for the Federal Circuit, with Judge Lourie writing for the majority, affirmed-in-part and vacated-in-part a decision of the United …
By IPWatchdog
19 days ago 13

Patent Filings Roundup: District Court Filings Soar, Juul Targets Copycats and More NHK Spring Denials

It was a banner week in the district courts, with 110 new filings, and the filings are showing signs of picking up—rather than slowing down—amidst the …
By Jonathan Stroud
20 days ago 9

Limiting the Impact of Patent Assertion Entities on the Open Source Community

There has been a great deal of discussion over the years regarding patent trolls, also known as non-practicing entities (NPEs) and Patent Assertion Entities (PAEs). As most …
By Keith Bergelt
22 days ago 41

Disclosure-Dedication Rule: An Effective Tool Against Infringement Claims Under the Doctrine of Equivalents

The doctrine of equivalents allows a patentee to raise a claim of infringement even when each and every element of the patented invention is not identically present …

CAFC Affirms-In Part District Court’s Refusal to Seal Uniloc’s Confidential Information

On July 9, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in-part and vacated in-part a decision of the U.S. District Court for …
By Rebecca Tapscott
24 days ago 0

CAFC Vacates Order Denying Attorney Fees to ShoppersChoice.com

On July 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) vacated and remanded an Attorney Fee Order of the U.S. District Court for …
By IPWatchdog
27 days ago 0

Federal Circuit Affirms PTAB Finding that Adidas Did Not Prove Nike Patent Claims Unpatentable as Obvious

The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday affirmed a Patent Trial and Appeal Board (PTAB) decision that certain claims of Nike, Inc.’…
By Eileen McDermott
1 month ago 0

USPTO and Facebook Submit Briefs Explaining Effects of Thryv Ruling on Facebook v. Windy City

Last week, Facebook and the USPTO both filed briefs in response to a U.S. Court of Appeals for the Federal Circuit (CAFC) Order requesting that the …
By Rebecca Tapscott
2 months ago 0

Federal Circuit Bars New Suits Against Amazon Under Claim Preclusion, Kessler Doctrine

The U.S. Court of Appeals for the Federal Circuit today ruled in In Re PersonalWeb Technologies, Inc. that a district court’s 2014 dismissal of a patent …
By Eileen McDermott
2 months ago 0

CAFC Says District Court Abused Its Discretion in Granting Attorney’s Fees Under Sections 285 and 1117(a)

The U.S. Court of Appeals for the Federal Circuit today reversed a district court decision awarding attorney’s fees to Luv n’ Care Ltd. (LNC) against …
By Eileen McDermott
2 months ago 2