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IPR Petitioners May Not Raise Appointments Clause Challenges Under Arthrex

CIENA CORPORATION v. OYSTER OPTICS, LLC - Before Moore, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Affirmatively petitioning for IPR waives the petitioner’s Appointments Clause...more

“Exceptional Case” Findings Must Consider The Full Case

INTELLECTUAL VENTURES I LLC v. TREND MICRO INCORPORATED - Before Dyk, Taranto, and Stoll. Appeal from the Delaware District Court Summary: An exceptional case finding may be based on a single isolated act, but the court...more

Accused Infringer’s Ornamental Logo May Defeat Design Patent Infringement Claim

COLUMBIA SPORTSWEAR v. SEIRUS INNOVATIVE ACCESSORIES  - Before Lourie, Moore, and Stoll. Appeal from the U.S. District Court for Southern District of California. Summary: An accused infringer’s use of ornamental logos...more

Prior Art Must Be Publicly Accessible, Not Actually Accessed

SAMSUNG ELECTRONICS CO., LTD. v. INFOBRIDGE PTE. LTD. Before Newman, Schall, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: A reference must be publicly accessible, not actually accessed, before...more

Orexo AB, Orexo US Inc., v. Actavis Elizabeth LLC

Federal Circuit Summary - Before Newman, Hughes, and Stoll. Appeal from the United States District Court for the District of Delaware Summary: Objective indicia of nonobviousness cannot be dismissed merely because all...more

Polara Engineering Inc v. Campbell Company

Federal Circuit Summaries - Before Lourie, Dyk, and Hughes. Appeal from the United States District Court for the Central District of California Summary: (1) The public use bar is not triggered by experimental use...more

Energy Heating, LLC. v. Heat On-The-Fly, LLC

Federal Circuit Summaries - Before Moore, Hughes, and Stoll. Appeal from the United States District Court for the District of North Dakota. Summary: A district court must articulate a reasonable basis for denying...more

Oracle America, Inc. v. Google LLC

Federal Circuit Summaries - Before O’Malley, Plager and Taranto. Appeal from the U.S. District Court for the Northern District of California, Judge William H. Alsup. Summary: Historical findings of fact relevant to...more

Aatrix Software, Inc v. Green Shades Software, Inc

Federal Circuit Summaries - Before Moore, Reyna, and Taranto. Appeal from the District Court for the Middle District of Florida. Summary: Allegations in the complaint about how the claimed invention solved problems in...more

In Re: Nordt Development Co., LLC

Federal Circuit Summaries - Before Moore, Taranto, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: In a product-by-process claim, terms that can be equally understood as structural or process...more

Berkheimer v. HP Inc.

Federal Circuit Summaries - Before Moore, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of Illinois. Summary: (1) Terms of degree, including “minimal,” may render claims...more

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