Harness, Dickey & Pierce, PLC

Venue for Patent Infringement Cases is Well Established; a Corporate Defendant can be Sued Wherever it Can be Found

In In re TLC Heartland LLC, [2016-0105] (April 29, 2016), the Federal Circuit denied Heartland petition for mandamus directing the District of Delaware to either dismiss or transfer the patent infringement suit brought by Kraft…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

An Illuminating Discussion About Design Patents

Design patents protect the aesthetic appearance of a product or portion of the product. The aesthetic appearance is affected by a number of things, including whether the product is illuminated. However, how does one capture in…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Principles of Equity: Denying Inventors their Constitutionally Promised Exclusivity

Article I, Section 8, Clause 8 of the United States Constitution, empowers the United States Congress: - ..To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Constitutional Law, Intellectual Property

Federal Circuit Maintains “Substantial Evidence” Standard of Review in AIA Post Grant Proceedings

On April 26, 2016, the Federal Circuit denied a petition seeking rehearing en banc of its application of the “substantial evidence” standard of review in post-grant administrative proceedings, in the case of Merck & Cie v…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Supreme Court Hears Arguments in Cuozzo Case

We should soon find out whether the Federal Circuit will again face reversal at the hands of the Supreme Court in a patent case. On April 25, 2016, the Court heard oral arguments in the case of In re Cuozzo, the first IPR…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

An Infringement, Divided, May Stand After All

In Mankes v. Vivid Seats Ltd., [2015-1500, 2015-1501, 2015-1909] (April 22, 2016), the Federal Circuit vacated judgment on the pleadings against Mankes, and remanded for further proceedings in light of Akamai IV. The case…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

It’s Not the Broadest Reasonable Interpretation, but the Broadest Reasonable Interpretation in Light of the Specification

In In re Man Machine Interface Tech. LLC, [2015-1562] (April 19, 2016), the Federal Circuit affirmed-in-part, reversed-in-part, vacated-in-part, and remanded the PTAB’s affirmance of the rejection of claims of U.S. Patent No…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

It is Error to Ignore Functional Structures Entirely in a Design Patent Construction

In Sport Dimension, Inc. v. The Coleman Company, [2015-1553] (April 19. 2016) the Federal Circuit vacated the stipulated judgment of non-infringement of U.S. Patent No. D623,714 on a personal flotation device, and remanded for…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Discoveries Are Not Patentable.

In Genetic Technologies Limited v. Merial LLC. [2015-1202, -1203] (April 8, 2016) the Federal Circuit affirmed the district court dismissal for failure to state a claim and entry of final judgment that claims 1–25 and 33–36 of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

An Animated Review of Design Patents

Design patents protect the appearance of articles of manufacture, and this includes articles of manufacture whose appearance changes over time. In particular, animated displays on computers and other electronic devices can be…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Iconography

It is pretty well known that icons can be protected with design patents, however we continue to adhere to the fiction that it is not the icon we are protecting, but the substrate decorated with the icon that we are protecting…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Invalidity Determination Would Not Apply to Reexamination Claims That Did not Exist at Time of Judgment

In Cardpool, Inc. v. Plastic Jungle, Inc., [2014-1562] (April 5, 2016) the Federal Circuit affirmed the district court’s denial of vacatur, because the denial was within the district court’s discretion and also because the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Equitable Estoppel Stops NPE From Asserting Patents that its Assignor Failed to Assert

In High Point SARL v. Sprint Nextel Corporation, [2015-1298] (April 5, 2016), the Federal Circuit affirmed summary judgment that equitable estoppel and laches preclude prosecution of High Point’s claims for infringement of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

BRI Should Not Depart from What the Claim Language and Specification so Clearly Mean

In Pride Mobility Products Corporation v, Permobil, Inc., [2015-1585, -1586] (April 5, 2016), the Federal Circuit reversed the PTAB’s construction and cancellation of claim 7, but affirmed cancellation of all the other claims of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

We’ll Say it Again: Redundancy is not Reviewable

In HP Inc., v. MPHJ Technology Investments, LLC, [2015-1427] (April 5, 2016) the Federal Circuit affirmed the PTAB Final Written Decision in IPR2013-00309, agreeing that all but one challenged claim (claim 13) of U.S. Patent…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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