Posts Tagged: Judge Ray Chen


A Joint Stipulation of Dismissal Does Not Trigger Reexamination Estoppel Under Pre-AIA Section 317(b)

Appellant Affinity Labs of Texas, LLC (“Affinity”) appealed from the inter partes reexamination of its patent filed by Apple Inc. (“Apple”). Apple requested reexamination after Affinity asserted …

Affinity Labs of Texas Loses Reexamination Appeal; Reexamination Estoppel Does Not Apply

The Federal Circuit affirmed a Patent Trial and Appeal Board (“Board”) decision to uphold the unpatentability of several claims of a patent owned by Affinity Labs of …

Refusal to institute IPR based on reference does not preclude use of reference for motivation to combine

The Federal Circuit affirmed a Patent Trial and Appeal Board (“Board”) decision finding a patent owned by Novartis AG and Mitsubishi Tanabe Pharma Corp. (collectively “Novartis”) to …

CAFC Affirms Attorney Fees Awarded Under ‘Holistic and Equitable’ Evaluation of Case

In conclusion, the Court held the district court did not abuse its discretion in determining that, under the totality of circumstances, this was an exceptional case, and …

Sprint Still on the Hook to Comcast for $7.5 Million

The Federal Circuit affirmed a jury award of $7.5 million for Sprint’s infringement of three Comcast patents. The district court did not error in construing the challenged …

AT&T Settlement Agreement Admissible in Sprint Patent Litigation

The Federal Circuit found that the district court did not abuse its discretion in admitting the AT&T settlement agreement for several reasons. First, the agreement covered …

Federal Circuit: Disclaimer based on arguments actually made, not those that could have been made

The scope of surrender is not limited to what is necessary to overcome the prior art reference. Instead, patentees may surrender more than is required to overcome …

Federal Circuit Remands Apple PTAB Victory Because Board Failed to Explain Motivation to Combine

The PTAB agreed with Apple and invalidated the patent. The Federal Circuit remanded because the Board failed to adequately explain its finding that a skilled artisan would …

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. …

Admissions that programming was commonly known doom patent owner in CBM appeal

The Federal Circuit affirmed the Board’s decision to invalidate certain claims in three patents owned by Ameranth. The Court relied heavily on Ameranth’s concessions within …

Federal Circuit Affirms in Part and Reverses in Part “Means Plus Function” Indefiniteness

In an indefiniteness analysis, particularly for a “means plus function” claim, the patent must particularly disclose the corresponding structure for performing the claimed function. It is not …

Light on analysis, heavy on conclusion, no claim construction, CAFC rules claims ineligible

How patent claims can be invalidated without a proper and thorough claim construction is baffling. It flies in the face of everything patent law stands for and …
By Gene Quinn
5 years ago 78

Federal Circuit Affirms Anticipation Based on Converting Units of Measure; Remands for Consideration of Prior Conception

Neste filed a petition for inter partes review of REG’s U.S. Patent No. 8,231,804 (‘804 patent) and the Patent Trial and Appeal Board ultimately found all of …

Federal Circuit denies en banc rehearing, IPR proceedings can be instituted for less than all of the challenged claims

The Federal Circuit denied appellant SAS’s petition for rehearing en banc from a decision by the Patent Trial and Appeal Board, without an explanatory opinion. Judge …

Claims broad enough to encompass mental processes are unpatentable abstract ideas

The Court reasoned that the claims were limited to straightforward steps that a skilled artisan could perform mentally and that the inventors admitted to doing so. The …