RICHARD SOWINSKI v. CALIFORNIA AIR RESOURCES BOARD -
Before Newman, Lourie, and Schall. Appeal from the District Court for the Northern District of California.
Summary: Res judicata may bar subsequent claims regarding...more
SECURITY PEOPLE, INC. v. IANCU -
Before Lourie, Wallach, and Hughes. Appeal from the United States District Court for the Northern District of California -
Summary: Congress foreclosed the possibility of...more
8/27/2020
/ Administrative Procedure Act ,
America Invents Act ,
Appeals ,
Constitutional Challenges ,
Dismissals ,
Due Process ,
Fifth Amendment ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patents
MAYBORN GROUP, LTD., MAYBORN USA, INC. v. INTERNATIONAL TRADE COMMISISION -
Before Lourie, Linn, and Wallach. Appeal from the U.S. International Trade Commission.
Summary: An invalidity challenge, raised after the...more
7/20/2020
/ Appeals ,
Exclusion Orders ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Rescission ,
Section 102 ,
Section 103 ,
Section 337 ,
Statutory Authority
FOX FACTORY, INC. v. SRAM, LLC -
Before Prost, Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board (PTAB).
Summary: When a commercial product contains unclaimed features, a presumption of nexus between...more
SYNGENTA CROP PROTECTION, LLC v. WILLOWOOD, LLC -
Before Reyna, Taranto, and Stoll. Appeal from the U.S. District Court for the Middle District of North Carolina.
Summary: Infringement under § 271(g) does not require a...more
KONINKLIJKE KPN N.V. v. GEMALTO M2M GMBH -
Before Dyk, Chen, and Stoll. Appeal from the District of Delaware.
Summary: Claims directed to improving the functionality of one tool that is part of a system do not...more
SIPCO, LLC v. EMERSON ELECTRIC CO.
Before O’Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Reyna concurring-in-part and dissenting-in-part
Summary: The language “unobvious over the prior art” in...more
9/28/2019
/ § 42.301(b) ,
Appeals ,
Covered Business Method Patents ,
Covered Business Method Proceedings ,
Final Written Decisions ,
Innovative Technology ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Question of Law ,
Remand ,
Reversal ,
Section 101 ,
Section 103
SWAGWAY, LLC v. ITC [REVISED OPINION - PRECEDENTIAL] -
Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission.
Summary: Although the ITC must strictly comply with its rules, failure to do so...more
8/25/2019
/ Abuse of Discretion ,
Administrative Law Judge (ALJ) ,
Appeals ,
Claim Preclusion ,
Consent Order ,
Harmless Error ,
Initial Determination (ID) ,
International Trade Commission (ITC) ,
Section 337 ,
Trademark Infringement ,
Trademarks
CELGENE CORPORATION v. PETER -
Before Prost, Bryson, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: Retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking...more
Before: O'Malley, Reyna, and Hughes. Appeal from the United States District Court for the District of Delaware.
Summary: A parent patent specification of a continuation-in-part child patent constitutes intrinsic evidence...more
Federal Circuit Summary -
Before Reyna, Taranto, and Chen. Appeal from the United States District Court for the District of Delaware.
Summary: Where the complexity and predictability of a claimed embodiment were...more
Federal Circuit Summary -
Before Dyk, Taranto, Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB is not required to make any finding regarding a motivation to combine two references when it...more
Federal Circuit Summary -
Before Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Eastern District of Tennessee.
Summary: In the context of a suit for a declaration of non-infringement and...more
12/4/2018
/ Appeals ,
China ,
Declaratory Judgments ,
Dismissals ,
Foreign Defendants ,
Forum State ,
International Litigation ,
Minimum Contacts ,
Nonobvious ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Personal Jurisdiction ,
Reaffirmation ,
Specific Jurisdiction ,
State Law Claims ,
Tortious Interference
Federal Circuit Summary -
Before Prost, Schall, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: The plain language of 35 U.S.C. § 311(a) unambiguously leaves no room for assignor estoppel to apply in...more
11/13/2018
/ 35 U.S.C. § 311(a) ,
Appeals ,
Assignor Estoppel ,
Claim Construction ,
Cross-Appeals ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Validity ,
Patents ,
Reaffirmation ,
Remand ,
Reversal
Federal Circuit Summary -
Before Prost, Bryson, and O’Malley. Appeal from the United States District Court for the Western District of Wisconsin.
Summary: (1) To uphold a jury verdict of infringement, evidence must...more
Federal Circuit Summary -
Before Lourie, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: 35 U.S.C. § 315(b), which prohibits the Board from instituting an IPR based on a petition filed...more
10/1/2018
/ § 315(b) ,
Appeals ,
Dismissals ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Remand ,
Time-Barred Claims ,
Vacated
Federal Circuit Summary -
Before O’Malley, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: While obviousness of apparatus claims “capable of” a particular function may be shown by...more
Federal Circuit Summary -
Before Lourie, Dyk, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: The section 315(b) time-bar for IPRs applies even when the underlying complaint alleging infringement...more
8/29/2018
/ § 315(b) ,
Appeals ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
Reaffirmation ,
Time-Barred Claims ,
Vacated ,
Voluntary Dismissals
Federal Circut Summary -
Before O’Malley, Taranto, and Stark; Partial En Banc Decision before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Appeal from the Patent Trial and...more
Federal Circuit Summary -
Before O’Malley, Bryson, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: A writ of mandamus cannot be used as an alternative means of obtaining appellate review of...more
Federal Circuit Summary -
Before Reyna, Bryson, and Hughes. Appeal from the Northern District of California.
Summary: Breach of a duty of disclosure to a standards-setting organization may constitute implied waiver,...more
8/23/2018
/ Appeals ,
Apple ,
Breach of Duty ,
Duty to Disclose ,
ETSI ,
Finland ,
Implied Waivers ,
Patent Infringement ,
Patents ,
Remand ,
Standard Setting Organizations ,
Technology ,
Vacated ,
Waivers ,
Willful Misconduct
Federal Circuit Summary -
Before Newman, Lourie, and Reyna. Appeals from the Patent Trial and Appeal Board.
Summary: A party did not waive SAS-based relief in an IPR appeal when it requested remand for consideration of...more
Federal Circuit Summaries -
Before Prost, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: An IPR petitioner bears the burden of persuasion concerning the patentability of proposed substitute...more
6/21/2018
/ Anticipation ,
Appeals ,
Burden of Persuasion ,
Inter Partes Review (IPR) Proceeding ,
Motion to Amend ,
Obviousness ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Reaffirmation ,
Remand ,
Substitute Claims ,
Vacated
Federal Circuit Summaries -
Before Prost, Newman, and Wallach. Appeal from the Patent Trial and Appeal Board.
Summary: An unsupported expert opinion does not constitute substantial evidence to contradict a prior art...more
6/1/2018
/ Anticipatory Reference ,
Appeals ,
Expert Testimony ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Prior Art ,
Remand ,
Reversal ,
Substantial Evidence Standard ,
Vacated
Federal Circuit Summaries -
Before Wallach, Chen, and Stoll. Appeal from the United States District Court for the District of Nebraska.
Summary: Reexaminations of patents confirming validity are not dispositive of...more
1/16/2018
/ Appeals ,
Apportionment ,
Damages ,
Expert Testimony ,
Inter Partes Reexamination ,
Jury Trial ,
Motion For New Trial ,
Patent Infringement ,
Patent Royalties ,
Patent Validity ,
Patents ,
Remand ,
Summary Judgment ,
Vacated ,
Willful Infringement