CAFC

News & Analysis as of

Intellectual Property 2015 Year In Review

Introduction - As discussed in greater detail below, there were a number of notable developments in intellectual property law in 2015. Patent eligibility challenges to the validity of software, business methods, and...more

Potential Havoc at the PTAB - The US Supreme Court granted certiorari on issues that could wreak havoc with pending patent cases

Last Friday, the Supreme Court of the United States (SCOTUS) granted certiorari to consider two hotly contested issues that may have a very strong impact on inter partes reviews (IPR)[1] at the Patent Trial and Appeal Board...more

Will USPTO Director Michelle Lee’s Signature Adorn a SLANTS Certificate of Registration?

Let’s hope not, for a variety of reasons. In other words, let’s hope the Supreme Court straightens out the unfortunate ruling last week that the federal government is powerless to deny requests to federally register...more

The CAFC Reverses And Remands The PTAB’s IPR Decision Canceling All Claims Based On Erroneous Claim Construction

For the third time in November, the CAFC found legal error in a PTAB final written decision—this time based on an erroneous claim construction. In Straight Path v. Sipnet (Fed. Cir. Nov. 25, 2015), the PTAB instituted an IPR...more

Two Recent CAFC Opinions Closely Scrutinize PTAB IPR Decisions Upholding Claim Validity For Legal Error

Two opinions that came down this month illustrate the CAFC’s close scrutiny of potential legal errors in PTAB Final Written Decisions.  These decisions underline the benefits of appellants focusing their arguments on legal...more

Lessons Learned from a Rare CAFC Opinion on an IPR Matter

To date, the Federal Circuit has issued Rule 36 affirmances in over 80% of the cases it has heard. Thus, when a new, substantive opinion is issued by the Court, it is an opportunity to learn. On November 5th, the Federal...more

Federal Circuit Clarity on Key IPR Issues May Be on the Way

We are entering an interesting phase in the development of inter partes review proceedings as more and more of the contours of these proceedings are being heard by the Federal Circuit. To date, the Federal Circuit has made...more

On Slanted Arguments and Red Herrings

Last Friday, both slanted arguments and red herrings were present during the 90 minute en banc oral argument before the Court of Appeals for the Federal Circuit (CAFC) in In re Tam....more

Views from the Director's Office on Post-Grant Reviews by the PTAB

Director of the U.S. Patent and Trademark Office and Under Secretary of Commerce Michelle Lee took the occasion of the release of the revised PTAB Guidances last Thursday to provide the patent community with some statistics...more

Fed. Cir. Rules Requirements for Direct Infringement by Multiple Parties

In Akami Technologies v. Limelight Networks, App. No. 2009-1372, -1380, -1416, -1417 (Fed. Cir., August 13, 2015), the court, sitting en banc after a remand from the S. Ct., set out the requirements for direct infringement...more

USPTO publishes a midyear supplementary update to interim guidance on subject matter eligibility

On July 30, 2015, the United States Patent and Trademark Office (USPTO) published a midyear update to the 2014 Interim Guidance on Subject Matter Eligibility (IEG). While, the IEG sheds a little more light on the topic, the...more

Netflix, Inc. v. Rovi Corporation (NDCA 2015): Five TV Guide Patents Dropped by Abstract Idea Ineligibility

How did we go from the claims in Alice being considered abstract, claims that clearly involved a well-known financial concept (e.g, intermediated settlement) merely implemented on a computer, to admittedly novel (and likely...more

“The White Sauce” Decision (International Custom Products, Inc. v. United States) Highlights Importance of Administrative...

The Court of Appeals for the Federal Circuit decision, International Custom Products, Inc. v. United States, 2015 U.S. App. LEXIS 11170 (Fed. Cir. June 30, 2015), was ten years in the making and provides a stern lesson for...more

Federal Circuit Affirms First Patent Trial and Appeal Board (PTAB) Decision in a Covered Business Method Review

On July 9, 2015, a divided panel of the Court of Appeals for the Federal Circuit (“CAFC”) affirmed the first Patent Trial and Appeals Board (“PTAB”) decision concerning Covered Business Method (“CBM”) reviews, which were...more

US CHINA TRADE WAR JULY 2015 TPA, TPP, TRADE POLICY, TRADE AND CUSTOMS

Because of the substantial activity in May, June and July with the passage of Trade Promotion Authority (“TPA”) and the ongoing Trans Pacific Partnership (“TPP”) negotiations, this blog post is being split into two parts. ...more

A Flurry of PTAB Activity

Since the passing of the America Invents Act, a number of already issued patents have come under new scrutiny through various post-grant procedures. One of the more prominent post-grant procedures is the Inter Partes Review...more

Filing a New ITU Trademark Application? Be Prepared to Prove Your Intent

Staking an early claim to a brand has inspired many hasty (and sometimes ill-advised) trademark applications. For example, trademark applications representing political rallying cries and pop culture slogans such as JE SUIS...more

US China Trade War — TPA Passes Senate–Developments in Trade, Customs, IP/337, Antitrust and Securities

The major trade issue is Trade Promotion Authority (“TPA”) and the Trans Pacific Partnership. On May 22, 2015, after another close cloture vote, the TPA bill passed the Senate by a majority vote of 62 to 37 votes. The...more

IP Newsflash - February 2015

FEDERAL CIRCUIT CASES - PTAB’s Broadest Reasonable Interpretation Standard Affirmed by Fed. Circuit in First Ever IPR Appeal - On Wednesday, February 4, 2015, the Court of Appeals for the Federal Circuit (CAFC)...more

Court of Appeals for the Federal Circuit Sides With PTAB in Inter Partes Review Appeal

In a decision imparting more certainty to the Post Grant Review process, the Court of Appeals for the Federal Circuit (the “CAFC”) held that it lacks jurisdiction to review the Patent and Trademark Office’s (the “PTO’s”)...more

Is the Patent Litigation Boom Coming to an End?  [Video]

Feb. 3, 2015 (Mimesis Law) -- David Marcus, reporter for The Deal, talks with Lee Pacchia about how a recent sale of a patent portfolio could signal a slowdown in patent litigation work. Lee wonders if this spells a problem...more

The U.S. Supreme Court’s Increasing Involvement In Patent Law

In 1982, the U.S. congress formed a new specialised appeals court, the Court of Appeals for the Federal Circuit, or “CAFC,” and transferred responsibility for patent appeals from the various regional courts of appeal to this...more

Myriad Disappointments for Biotech, but Hope Remains

CAFC extends the reach of subject-matter ineligibility under Myriad - Following Myriad Genetic’s 2013 loss at the Supreme Court (Ass’n for Molecular Pathology v. Myriad Genetics, 133 S. Ct. 2107 (2013), herein “Myriad...more

CAFC Finds Patent Claiming Software-Related Invention is Patentable

For the first time since the Supreme Court’s Alice Corp. v. CLS Bank Int’l decision this past summer, the United States Court of Appeals for the Federal Circuit has found that a patent claiming a software-related invention...more

CAFC’s Decision in Victoria’s Secret Case Could Impact Tariff Classification of “Other Garments”

The Court of Appeals for the Federal Circuit (CAFC) recently affirmed the Court of International Trade’s (CIT) decision classifying shelf bra camisoles under subheading 6114.20.00 of the Harmonized Tariff Schedule of the...more

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