Latest Posts › Patents

Share:

The Printed Matter Doctrine: Lost in Communication

Before Lourie, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Claim limitations requiring communications to be “encrypted” or to deliver “program code” were not subject to the printed matter...more

Can’t Stop a Bull: Limits of Claim Preclusion

INGURAN, LLC, DBA STGENETICS v. ABS GLOBAL, INC., GENUS PLC - Before Lourie, Bryson, and Reyna. Appeal from the United States District Court for the Western District of Wisconsin. Summary: Claim preclusion does not bar...more

Stipulated Dismissal Undercuts Bid for Attorneys’ Fees

UNITED CANNABIS CORPORATION V. PURE HEMP COLLECTIVE INC. Before Lourie, Cunningham, and Stark. Appeal from the United States District Court for the District of Colorado. Summary: The Federal Circuit affirmed the...more

A Leap of Good Faith: When Cries of “They Copied Us” Cannot Be Stopped

LINE-NETICS, LLC v. NU TSAI CAPITAL LLC - Before Lourie, Taranto, and Stark. Appeal from the U.S. District Court for the District of Nebraska. Summary: Courts cannot enjoin speech by patentholders to third parties...more

Failure to Convert Dismissal Into Summary Judgment Deemed Harmless

HAWKS TECHNOLOGY SYSTEMS, LLC v. CASTLE RETAIL, LLC - Before Reyna, Hughes, and Cunningham. Appeal from the United States District Court for the Western District of Tennessee. Summary: A court’s failure to exclude...more

Expert Testimony Inconsistent With Agreed-Upon Claim Construction Is Properly Stricken

TREEHOUSE AVATAR LLC v. VALVE CORPORATION - Before Lourie, Reyna, and Stoll. Appeal from the U.S. District Court for the Western District of Washington. Summary: The district court did not abuse its discretion in...more

The Patent Office Need Not Consider Requests for Director Review of IPR Institution Decisions

Summary: The USPTO policy of refusing to consider Requests for Director Rehearing of decisions denying institution of IPR and PGR does not violate the Appointments Clause of the Constitution....more

Expert Testimony That Contradicts Patent Specification Fails to Create a Genuine Issue of Fact in a Patent Eligibility Dispute

CAREDX, INC. V. NATERA, INC. Before Lourie, Bryson, and Hughes - Summary: Expert testimony that steps of challenged patent claims were unconventional failed to preclude summary judgment of ineligibility where...more

Construction That Eliminates Entire Scope of Dependent Claims Should Be Avoided

LITTELFUSE, INC. v. MERSEN USA EP CORP. Before Prost, Bryson, and Stoll.  Appeal from the U.S. District Court for the District of Massachusetts. Summary: The Federal Circuit vacated a claim construction that violated...more

PTO Director’s Estoppel Decision Ending Reexam Is Subject to Judicial Review

ALARM.COM INC. v. HIRSHFELD - Before Taranto, Chen, and Cunningham. Appeal from the United States District Court for the Eastern District of Virginia. Summary: The Administrative Procedure Act (APA) permits judicial...more

Lack of Written-Description Support for Claimed Ranges Makes Parent Application Prior Art

INDIVIOR UK LIMITED v. DR. REDDY'S LABORATORIES S.A. Before Lourie, Linn, and Dyk.  Appeal from the Patent Trial and Appeal Board. Summary: Claims of a continuation application were anticipated because they were not...more

Prosecution History Disclaimer and Estoppel Lead To Noninfringement

TRAXCELL TECHNOLOGIES, LLC V. NOKIA SOLUTIONS AND NETWORKS Before Prost, O’Malley, and Stoll. Appeal from the Eastern District of Texas. Summary: An applicant’s arguments distinguishing prior art during patent...more

“Army of Citation Footnotes Crouching in a Field of Jargon” Fails to Withstand Summary Judgment

Traxcell Techs., LLC v. Sprint Commn’s Co. et al Before Prost, O’Malley, and Stoll.  Appeal from the Eastern District of Texas. Summary:  A patentee’s extensive citations to evidence failed to avoid summary judgment of...more

A General Warning Against Infringement Is Not Actual Notice of Infringement

LUBBY HOLDINGS LLC v. CHUNG - Before Dyk, Newman, and Wallach. Appeal from the Central District of California. Summary: Specific charges of infringement by a specific accused product are required to provide actual...more

Clear Intrinsic Evidence Forecloses Extrinsic Evidence of Special Meaning

SEABED GEOSOLUTIONS (US) INC. v. MAGSEIS FF LLC. Before Moore, Linn, and Chen.  Appeal from the Patent Trial and Appeal Board. Where a claim term’s meaning is clear from the intrinsic evidence, no extrinsic evidence...more

Supreme Court Saves IPRs by Allowing PTO Director to Review Patent Judges’ Decisions

Before the United States Supreme Court.  Majority opinion by Chief Justice Roberts.  On writ of certiorari to the United States Court of Appeals for the Federal Circuit. Summary: A statute preventing the PTO Director from...more

Federal Circuit Remands CBM Appeals Under Arthrex, Leaves Forum Selection Dispute for Another Day

NEW VISION GAMING & DEVELOPMENT, INC. V. SG GAMING, INC. Before Newman, Moore, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit vacated and remanded two CBM decisions under...more

Inter Partes Reexam Can Trigger Issue Preclusion

SYNQOR, INC. v. VICOR CORPORATION - Before Dyk, Clevenger, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A finding during inter partes reexamination that two references would not be combined...more

Distribution of Software Alone Does Not Infringe a Claim That Requires Hardware

SYNCHRONOSS TECHNOLOGIES, INC v. DROPBOX, INC. Before Prost, Reyna, and Taranto. Appeal from the U.S. District Court for the Northern District of California. Summary: A claim construed to require hardware does not...more

Claims to Printed Matter Are Patent-Ineligible Only if They Lack an Inventive Concept

C R BARD INC. v. ANGIODYNAMICS, INC. Before Reyna, Schall, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Claims that recited printed matter but arguably included an...more

Federal Court Allowed to Defer to State Court on Contract Dispute That Raised Patent Validity Questions

WARSAW ORTHOPEDIC, INC., v. SASSO - Before Newman, Schall, and Wallach. Appeal from the United States District Court for the Northern District of Indiana. Summary: A federal court properly exercises its discretion to...more

An “Agreement to Agree” Is Unenforceable Under Washington State Law

PHYTELLIGENCE, INC. v. WASHINGTON STATE UNIVERSITY Before Prost, Reyna, and Stoll.  Appeal from the United States District Court for the Western District of Washington. Summary: Under Washington law, a contract must be...more

Federal Circuit Rejects Claim Construction That Contradicts Dependent Claims

BAXALTA INC. V. GENENTECH, INC. Before Moore, Plager, and Wallach. Appeal from the District of Delaware Summary: A district court erred by interpreting a specification’s description of an “antibody” as a definition,...more

Imaginary Slice of Accused Product Failed to Satisfy Structural Claim Limitation

NEVILLE v. FOUNDATION CONSTRUCTORS, INC. Before Lourie, O’Malley, and Chen. Appeal from the United States District Court for the Central District of California. Summary: The Federal Circuit affirmed a construction of...more

Inventor Removed From Patent May Be Restored Due to Claim Construction

EGENERA, INC. v. CISCO SYSTEMS, INC. Before Prost, Stoll, and Reyna. Appeal from the United States District Court for the District of Massachusetts. Summary: A patentee that successfully petitioned to correct a patent’s...more

55 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide