WESTECH AEROSOL CORPORATION v. 3M COMPANY -
Before Lourie, Mayer, and Reyna. Appeal from the United States District Court for the Western District of Washington.
Summary: To establish proper venue, a plaintiff must...more
7/11/2019
/ 3M Company ,
Amended Complaints ,
Appeals ,
Frivolous Lawsuits ,
Improper Venue ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Principal Place of Business ,
Venue
IN RE: GLOBAL IP HOLDINGS LLC -
Before Moore, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: Written description support for a claimed genus depends on the criticality or importance of the...more
The Federal Circuit’s 2018 decision in Berkheimer v. HP Inc. was likely the most consequential development in patent eligibility since the Supreme Court introduced its two-part eligibility framework in Alice Corp. v. CLS Bank...more
FORUM US, INC. v. FLOW VALVE, LLC -
Before Reyna, Schall and Hughes. Appeal from the U.S. District Court for the Western District of Oklahoma.
Summary: The original patent on which a broadening reissue patent is based...more
BTG INTERNATIONAL LIMITED v. AMNEAL PHARMACEUTICALS LLC -
Before Wallach, Moore, and Chen. Consolidated appeals from the Patent Trial and Appeal Board and the U.S. District Court for the District of New...more
Federal Circuit Summary -
Before Moore, Reyna, and Wallach. Appeal from the Southern District of California.
Summary: District court improperly held that claims were directed to a natural law where the claims recited a...more
Federal Circuit Summaries -
Before Newman, Dyk, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: An injury-in-fact is required to establish Article III standing for judicial review of agency action,...more
2/12/2019
/ Appeals ,
Article III ,
Biosimilars ,
Clinical Trials ,
Estoppel ,
Injury-in-Fact ,
Inter Partes Review (IPR) Proceeding ,
Mootness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Standing
Federal Circuit Summary -
Before Dyk, Taranto, and Stoll. Appeal from U.S. District Court for the District of Delaware.
Summary: The Federal Circuit lacks jurisdiction to hear an appeal from a district court judgment...more
1/24/2019
/ Appeals ,
Attorney's Fees ,
Breach of Contract ,
Calculation of Damages ,
Covenant Not to Sue ,
Damages ,
Final Judgment ,
Intervenors ,
IP License ,
Jurisdiction ,
Non-Compete Agreements ,
Patent Infringement ,
Patents
Over the last year, several Federal Circuit judges have filed opinions lamenting the state of the case law that interprets the abstract idea exception to patent eligibility under 35 U.S.C. § 101. For example, Judge Linn...more
In two recent cases, the Federal Circuit addressed the role of factual questions in resolving patent eligibility under 35 U.S.C. § 101. The first case was Berkheimer v. HP Inc. and the second was Aatrix Software v. Green...more
3/19/2018
/ Appeals ,
Genuine Issue of Material Fact ,
Motion for Reconsideration ,
Motion to Amend ,
Motion to Dismiss ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Reaffirmation ,
Remand ,
Section 101 ,
Summary Judgment ,
Vacated
In the recent Two-Way Media v. Comcast decision, the Federal Circuit affirmed a district court’s holding that evidence of non-obviousness was irrelevant to patent eligibility under the Supreme Court’s two-step Alice...more
Patent enforcement by Texas-based DataTreasury Corp. (“DataTreasury”) was a key motivation for the creation of Covered Business Method Review (“CBM”) proceedings. Senator Charles Schumer of New York, referring to...more
5/3/2017
/ Abstract Ideas ,
Admissible Evidence ,
America Invents Act ,
Claim Limitations ,
Covered Business Method Proceedings ,
Denial of Certiorari ,
Patent Applications ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
Young Lawyers
The increased prominence of Section 101 in computer-related patent disputes stems from the Supreme Court case of Alice Corp. v. CLS Bank. Before Alice reached the Supreme Court, ten judges of the Federal Circuit considered...more