Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

901 New York Avenue, NW
Washington, DC 20001-4413, United States
Phone: 202 408 4000
Fax: 202 408 4400
Practice Groups
Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Science, Computers, & Tech
Other U.S. Locations
  • California
  • D.C.
  • Georgia
  • Massachusetts
  • Virginia
Other Countries
  • China
  • Japan
  • South Korea
  • Taiwan
  • United Kingdom
Number of Attorneys
100+ Attorneys

Collateral Estoppel May Apply If Claims in a Different, but Related Patent, Have Been Litigated Before

In In re Arunachalam, No. 2016-1607, the Federal Circuit affirmed the PTAB decision holding that Dr. Lakshmi Arunachalam is collaterally estopped from asserting claims in U.S. Patent No. 6,212,556 (’556 Patent) because a…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Federal Circuit Casts Doubt on Antibodies Claimed by Epitope

In Amgen Inc. v. Sanofi, No. 2017-1480, the Federal Circuit reversed and remanded for a new trial because the district court (1) incorrectly excluded post-priority-date evidence regarding written description and enablement, and…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Infringing “Use” of Claimed System Requires “Control” and “Benefit” of Each Claim Element

In Intellectual Ventures I LLC v. Motorola Mobility LLC, No. 16-1795 (Fed. Cir. Sept. 13, 2017), the Federal Circuit (among deciding other issues) reversed the district court’s order denying JMOL of noninfringement, holding that…more
 /  Intellectual Property, Science, Computers, & Technology

Summary of FDA Guidance on Statistical Approaches to Evaluate Analytical Similarity

On September 21, 2017, the U.S. Food and Drug Administration released a nonbinding draft guidance for industry, Statistical Approaches to Evaluate Analytical Similarity, for comment purposes. This guidance is part of a series of…more
 /  Health, Science, Computers, & Technology

Marshall, We Have a Problem: Texas Rocket-Docket Loses Luster

In In re Cray, Inc., No. 2017-129, the Federal Circuit granted a petition for a writ of mandamus, directing the Eastern District of Texas to transfer a case to the Western District of Washington because the defendant lacked “a…more
 /  Intellectual Property, Science, Computers, & Technology

Spotlight on Upcoming Oral Arguments – October 2017

The Federal Circuit hits the road this week, hearing oral arguments in New York City, including at the Court of International Trade, NYU Law School, and Columbia Law School. This appeal arises from a Western District of Texas…more
 /  Intellectual Property, Science, Computers, & Technology

Court Says Flawed Likelihood-of-Confusion Survey Which Followed Neither the Ever-Ready nor Squirt Standards Was Prejudicial Necessitating

On September 11, 2017, the Northern District of Illinois granted a motion for a new trial based on the improper admission of prejudicial likelihood-of-confusion survey evidence. The Black & Decker Corporation sued Positec USA…more
 /  Intellectual Property, Science, Computers, & Technology

Practice Pointer: De-Coding Appellate Briefs at the Federal Circuit

The Federal Rules of Appellate Procedure prescribe a strict scheme of regulations for documents submitted to courts. One such regulation mandates the colors of the front covers of litigants’ briefs. Like its sister courts, the…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal Circuit Denies Request for Declaratory Judgment Based on Foreign Infringement Action

In Allied Mineral Products, Inc. v. OSMI, Inc., No. 2016-2641, the Federal Circuit affirmed the Southern Florida district court’s dismissal of a declaratory judgment action for lack of subject matter jurisdiction because Allied…more
 /  Intellectual Property, Science, Computers, & Technology

Trade Secret Defendant Cannot Compel Arbitration Based on an Employment Contract to Which It Is Not a Party

The Federal Circuit affirmed a decision by the U.S. District Court for the Northern District of California that Uber could not compel arbitration in a pending litigation filed by Waymo. In its complaint, Waymo asserted patent…more
 /  Intellectual Property, Labor & Employment Law

Federal Circuit PTAB Appeal Statistics – September 2017

Through September 1, 2017, the Federal Circuit decided 243 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 180 (74.07%) cases, and reversed or vacated the PTAB on every issue in 27…more
 /  Intellectual Property, Science, Computers, & Technology

Today in Federal Circuit History...

On September 22, 2000, Chief Judge Haldane Robert Mayer signed an order establishing an Advisory Council for the U.S. Court of Appeals for the Federal Circuit (Advisory Council) pursuant to 28 U.S.C. § 2077(b). The mission of…more
 /  Administrative Law, Intellectual Property

Today in Federal Circuit History…

The courthouse that houses the Federal Circuit was dedicated on September 20, 1967. Originally, the building plan called for a courthouse and an office building for White House staff, such that the Dolley Madison House, the…more
 /  Intellectual Property

Court Finds Trademarked Words Can Be Used To Describe Property’s History

On July 14, 2017, the Eastern District of Kentucky found that the use of trademarked words to describe a property’s history is not trademark use. In 2014, Peristyle, LLC purchased the abandoned Old Taylor Distillery in…more
 /  Intellectual Property

Federal Circuit Cultivates Criteria for Obviousness Rejection: Rational Underpinning and Articulation Required to Establish Routine Optimization and a Reasonable Expectation of Success

The Federal Circuit vacated and remanded the Patent Trial and Appeal Board’s (PTAB) decision in In re Stepan Co., No. 2016-1811 (Fed. Cir. Aug. 25, 2017), because the PTAB “failed to adequately articulate its reasoning,…more
 /  Intellectual Property, Science, Computers, & Technology
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