International Business Machines Corp. v. Zillow Group, Inc. et al., Appeal No. 2021-2350 (Fed. Cir. 2022) -
In this week’s Case of the Week, the Federal Circuit affirmed a Rule 12(c) judgment on the pleadings that IBM’s...more
Weisner v. Google LLC, Appeal No. 2021-2228 (Fed. Cir. Oct. 13, 2022) -
In its only precedential patent case this last week, the Federal Circuit again revisited the thresholds for disposing of cases under Section 101,...more
Provisur Technologies, Inc. v. Weber, Inc., Appeal Nos. 2021-1942, -1975 (Fed. Cir. Sept. 27, 2022) -
In this week’s Case of the Week, the Federal Circuit reviewed an IPR decision and addressed the Patent Trial and Appeal...more
10/4/2022
/ Administrative Procedure Act ,
Alice/Mayo ,
Appeals ,
Claim Limitations ,
Federal Rules of Evidence ,
Inter Partes Review (IPR) Proceeding ,
Motion to Exclude ,
Patent Applications ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Prior Art ,
Reversal ,
Vacated
Polaris Innovations Ltd. v. Brent, Appeal No. 2019-1483 (Fed. Cir. Sept. 15, 2022) -
In our Case of the Week, the Federal Circuit provided what appears to be its first precedential opinion construing Section 317 of the...more
Arendi S.A.R.L. v. LG Electronics Inc., Appeal No. 2021-1967 (Fed. Cir. Sept. 7, 2022) -
In our Case of the Week, the Court of Appeals for the Federal Circuit affirmed the District of Delaware’s application of the...more
INVT SPE LLC v. Int’l Trade Comm’n, Appeal No. 2020-1903 (Fed. Cir. Aug. 31, 2022) -
In its only precedential patent case last week, the Federal Circuit issued a lengthy opinion that revolved around claims that are drawn...more
Best Medical International, Inc. v. Elekta Inc., Appeal Nos. 2021-2099, -2100 (Fed. Cir. Aug. 26, 2022) -
In this week’s Case of the Week, the Federal Circuit addressed issues of jurisdiction where a challenged claim was...more
8/30/2022
/ Alice/Mayo ,
Appeals ,
Ex Partes Reexamination ,
Inter Partes Review (IPR) Proceeding ,
Jurisdiction ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Section 101
This week, we provide extensive write-ups about two consequential decisions issued by the United States Court of Appeals for the Federal Circuit concerning two procedural issues under the America Invents Act (“AIA”), both...more
8/23/2022
/ America Invents Act ,
Appeals ,
Declaratory Relief ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
United States v Arthrex Inc ,
USPTO
Hologic, Inc. v. Minerva Surgical, Inc., Appeal Nos. 2019-2054, -2081 (Fed. Cir. Aug. 11, 2022) -
Our Case of the Week follows the Hologic saga as it returns to the Federal Circuit on remand from the Supreme Court’s...more
8/16/2022
/ Appeals ,
Assignor Estoppel ,
Claim Construction ,
Final Written Decisions ,
Inventors ,
Patent Applications ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Remand ,
USPTO
PATENT CASE OF THE WEEK -
Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022) -
In its only precedential patent decision this week, the Federal Circuit answered a question that had long occupied the musings...more
8/9/2022
/ Administrative Procedure Act ,
Appeals ,
Artificial Intelligence ,
Dismissals ,
Inventions ,
Inventors ,
Judicial Review ,
Patent Act ,
Patent Applications ,
Patent Litigation ,
Patents ,
Summary Judgment
Realtime Adaptive Streaming LLC v. Netflix, Inc., Appeal Nos. 2021-1484, -1485, -1518, -1519 (Fed. Cir. July 27, 2022) -
In our Case of the Week, the Court of Appeals for the Federal Circuit concisely affirmed an award of...more
CareDx, Inc. v. Natera, Inc., Appeal Nos. 2022-1027, -1028 (Fed. Cir. July 18, 2022) -
In its only precedential patent opinion this week, the Federal Circuit held patents directed to the detection of organ transplant...more
Static Media LLC v. Leader Accessories LLC, Appeal No. 2021-2303 (Fed. Cir. June 28, 2022) -
In last week’s only precedential opinion issued in a patent case, the Federal Circuit reversed contempt and sanctions orders...more
Novartis Pharms. Corp. v. Accord Healthcare, Inc., Appeal No. 2021-1070 (Fed. Cir. June 21, 2022) -
In this week’s Case of the Week, the Federal Circuit granted panel rehearing of and vacated its prior decision in Novartis...more
University of Massachusetts v. L’Oréal S.A., Appeal No. 2021-1969 (Fed. Cir. June 13, 2022) -
In an appeal from the U.S. District Court for the District of Delaware, the Federal Circuit addressed (1) whether the district...more
Pavo Solutions LLC v. Kingston Technology Company, Inc., Appeal No. 2021-1834 (Fed. Cir. June 3, 2022) -
In our Case of the Week, the Court of Appeals for the Federal Circuit affirmed a $7M compensatory damages award and,...more
Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir. May 27, 2022) In a return to the Federal Circuit, this case again sets precedent concerning Patent Office Director review of Patent Trial and Appeal Board...more
Mitek Systems, Inc. v. United Services Automobile Association, Appeal No. 2021-1989 (Fed. Cir. May 20, 2022) -
Our Case of the Week this week is a declaratory judgment action brought against USAA. In a 27-page opinion,...more
5/24/2022
/ Appeals ,
Article III ,
Constitutional Challenges ,
Declaratory Judgments ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Remand ,
Reversal ,
Subject Matter Jurisdiction ,
USPTO ,
Venue
Atlanta Gas Light Company v. Bennett Regulator Guards Inc., Appeal Nos. 2021-1759 (Fed. Cir. May 13, 2022) -
In this week’s Case of the Week, the Federal Circuit Court addressed the third appeal from an underlying inter...more
5/17/2022
/ Appeals ,
Claim Construction ,
Dismissals ,
Functional Claim Language ,
Inter Partes Review (IPR) Proceeding ,
Inventions ,
Lack of Jurisdiction ,
Patent Litigation ,
Patents ,
Remand ,
Time-Barred Claims ,
Vacated
Sunoco Partners Marketing & Terminals L.P. v. U.S. Venture, Inc., Appeal Nos. 2020-1640, -1641 (Fed. Cir. Apr. 29, 2022) -
Our case of the week has a little bit for everyone, including lost profits, reasonable royalties,...more
5/3/2022
/ Appeals ,
Claim Construction ,
Enhanced Damages ,
Experimental Use Exception ,
Lost Profits ,
Motivation to Combine ,
On-Sale Bar ,
Patent Litigation ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Public Use ,
Remand ,
Reversal
Apple Inc. v. Zipit Wireless, Inc., Appeal No. 2021-1760 (Fed. Cir. Apr. 18, 2022) -
In its only precedential patent case this week, the Federal Circuit addressed the extent to which a party exposes itself to personal...more
Niazi Licensing Corporation v. St. Jude Medical SC, Inc., Appeal No. 2021-1864 (Fed. Cir. Apr. 11, 2022) -
The Federal Circuit’s only precedential patent decision this week comes on appeal from a district court decision...more
Littelfuse, Inc. v. Mersen USA EP Corp., Appeal No. 2021-2013 (Fed. Cir. Apr. 4, 2022) -
Our Case of the Week focuses on the issue of claim construction, and, more specifically, the doctrine of claim differentiation....more
Genuine Enabling Technology LLC v. Nintendo Co., Ltd., Appeal No. 2020-2167 (Fed. Cir. Apr. 1, 2022) -
The Federal Circuit’s only precedential patent opinion this week turned on issues of claim construction. In...more
Hunting Titan, Inc. v. DynaEnergetics Europe GMBH, Appeal Nos. 2020-2163, -2191 (Fed. Cir. March 24, 2022) -
In a notable review of the USPTO’s new Precedential Opinions Panel, the Federal Circuit discussed the...more
3/29/2022
/ Claim Construction ,
Indefiniteness ,
Inter Partes Review (IPR) Proceeding ,
Means-Plus-Function ,
Motion to Amend ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Precedential Opinion ,
Remand ,
USPTO