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En Banc Federal Circuit to Consider AIA Appeals Based on Time Bar Provision

In a September 2015 panel decision, Achates Reference Publishing v. Apple, the US Court of Appeals for the Federal Circuit ruled that under 35 USC 314(b), decisions of the Patent Trial and Appeal Board (PTAB) finding that an...more

For Design Patent Damages 'Article of Manufacture’ Not Necessarily Entire End Product

A unanimous US Supreme Court held that for purposes of determining damages for design patent infringement under 35 U.S.C. §289, the relevant “article of manufacture” may include either the end product sold to the consumer or...more

Smartphone Patent War: En Banc Federal Circuit Rebukes Earlier Panel Decision and Reinstates Jury Verdicts for Apple against...

In its October 7 en banc decision in Apple v. Samsung, the US Court of Appeals for the Federal Circuit, without benefit of en banc briefing, issued an unusual opinion overturning a panel decision for the purpose of...more

PTAB Petition Must Specifically Explain the Grounds for Invalidity - Apple Inc., v. ContentGuard Holdings, Inc.

In a trio of orders addressing the extent of express explanation required in a petition for post-grant review, the Patent Trial and Appeal Board (PTAB or Board) found each petition defective for lack of explanation regarding...more

No “Apportionment” Requirement for Design Patent Damages - Apple, Inc. v. Samsung Elecs. Am., Inc.

Addressing the issue of damages for trade dress and design patents, the U.S. Court of Appeals for the Federal Circuit upheld the bulk of Apple’s roughly $930 million damages award, noting that there is no apportionment...more

Federal Circuit to Judge Posner: eBay Analysis Is a Must

The U.S. Court of Appeals for the Federal Circuit (in a case that attracted a dozen amici briefs) affirmed a district court ruling by Circuit Judge Posner (sitting by designation) that the holder of the FRAND-encumbered SEP...more

A “Program” Is Just a Set of Instructions - Ancora Technologies, Inc. v. Apple, Inc.

In a case essentially decided on a single disputed claim construction, the U.S. Court of Appeals for the Federal Circuit rejected a narrow construction of the claim term “program” and construed the term, consistent with its...more

4/3/2014  /  Apple , Patent Litigation , Patents

IP Update, Vol. 16, No. 11, November 2013

Appellate Decision Sets Stage for Next Skirmish In The Apple vs. Samsung Smart Phone Wars - A unanimous panel of the U.S. Court of Appeals for the Federal Circuit has concluded that the district court was within its...more

Appellate Decision Sets Stage for Next Skirmish in the Apple vs. Samsung Smartphone Wars

In a case where the district court denied Apple’s request for a permanent injunction against certain Samsung smartphones, the Federal Circuit has remanded the matter to the district court in order to reconsider its...more

Obama Administration Disapproves ITC’s Exclusion Order on Apple Products

On August 3, 2013, U.S. Trade Representative Michael Froman, acting under the authority of President Obama, sent a letter noting his disapproval of the International Trade Commission’s determination to issue an exclusion...more

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