Seth Lloyd

Seth Lloyd

Morrison & Foerster LLP

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Last Week In The Federal Circuit (April 17 – April 21): Inherent Limits And Patent Enablement

We’re still waiting for the Supreme Court to issue its decision in Amgen v. Sanofi. But in the meantime, the Federal Circuit continues to provide insights into 35 U.S.C. § 112’s requirement to “enable” persons of skill in the...more

4/26/2023  /  Claim Construction , Enablement Inquiries , Intellectual Property Protection , International Trade Commission (ITC) , Patent Litigation , Patents , Section 112

Last Week In The Federal Circuit (April 10 – April 14): IPR Statutory Estoppel, In Two Acts

If the scope of the IPR estoppel statute has been keeping you up at night, our latest case of the (recent) week might help you sleep a little better because it provides clarity on two aspects of the statute’s reach. ...more

4/19/2023  /  Estoppel , Inter Partes Review (IPR) Proceeding , Patent Litigation , Patent Trial and Appeal Board , Patents , Precedential Opinion , Willful Infringement

Last Week In The Federal Circuit (February 13 – 17): Shining Light On Competing Patent And State Law Claims

If you’re like me, hanging holiday lights generally sucks any kind of holiday spirit right out of you. This week’s case of the week involves technology that might help. And it resolves (at least at the preliminary injunction...more

2/22/2023  /  Patent Infringement , Patent Litigation , Patents , State Law Claims

Last Week In The Federal Circuit (January 17 – January 20): “Larger Than” Or “Large Enough”?

If you think claim construction is more fun than watching paint peel, then you’re probably a patent lawyer. And what’s more fun than claim construction? Claim construction with an indefiniteness challenge, as happened in this...more

1/31/2023  /  Claim Construction , Extrinsic Evidence , Indefiniteness , Intrinsic Evidence , Patent Litigation , Patents

Last Week In The Federal Circuit (November 14-18): No Disclaimer For You!

Some of you may remember the Federal Circuit’s decision from a few (actually 5!) years ago holding that patent owner statements made in an IPR proceeding may “support a finding of prosecution disclaimer during claim...more

11/22/2022  /  Inter Partes Review (IPR) Proceeding , Patent Litigation , Patent Trial and Appeal Board , Patents , Precedential Opinion

When Do Federal Circuit Judges Sit (2022)?

Now that we’re nearing the end of 2022 (crazy, right?), we thought we’d update our data on when Federal Circuit judges sit. We looked at this in early 2021 (When Do Federal Circuit Judges Sit?), and we’ve twice looked at data...more

11/3/2022  /  Appellate Courts , Judges , Litigation Strategies , Oral Argument , Patent Litigation , Patents

Last Week In The Federal Circuit (October 3 – October 7): Genus/Species Meets Inherent Anticipation

Unlike obviousness, the test for anticipation in patent law is generally pretty simple—does the prior art disclose the same thing as the challenged patent claims. But as our latest case of the week shows, that simple test can...more

10/13/2022  /  Anticipation , Intellectual Property Protection , Patent Litigation , Patents , Pharmaceutical Patents , Prior Art

Last Week In The Federal Circuit (September 6 – September 9): Repeating Litigation, Again

Usually in American courts, parties get one chance to litigate a single legal claim. Courts enforce that principle in a variety of ways – at the back end, through rules like claim and issue preclusion; and at the front end,...more

9/15/2022  /  Issue Preclusion , Patent Infringement , Patent Litigation , Patents , Pharmaceutical Patents , Prescription Drugs

Last Week In The Federal Circuit (August 22 – August 26): To Appeal Or Not To Appeal, That Is The Question

If you don’t appeal an issue from an adverse judgment, are you going to be bound by the decision on that issue in future cases? This can often be an important question to consider when deciding whether and what issues to...more

8/31/2022  /  America Invents Act , Final Written Decisions , Inter Partes Review (IPR) Proceeding , Obviousness , Patent Litigation , Patent Trial and Appeal Board , Patents , Prior Art

Last Week In The Federal Circuit (July 25-29): Following The Letter But Not The Spirit Of The Rules

Sometimes just because the rules permit something doesn’t mean doing it is a good idea. As our latest case-of-the-week shows, the result could be an award of attorney fees. Case of the week: Realtime Adaptive Streaming...more

8/5/2022  /  35 U.S.C. § 285 , Attorney's Fees , Inter Partes Review (IPR) Proceeding , Netflix , Patent Infringement , Patent Litigation , Patent Trial and Appeal Board , Patents

Last Week In The Federal Circuit (July 5-8): The Case of the Moonlighting Patent Attorney

Precedential opinions:  1 Non-precedential opinions:  8 Rule 36:  4 Longest pending case from argument:  Tris Pharma, Inc. v. Actavis Lab’ys FL, Inc., No. 21-1495 (121 days)...more

7/15/2022  /  America Invents Act , Conflicts of Interest , First Amendment , Legal Ethics , Moonlighting , Patent Litigation , Patents , USPTO

Supreme Court Refuses (Again) to Jump Back into the 101 Fray

As we’ve written about multiple times, a petition for certiorari from the Federal Circuit’s starkly divided decision in American Axle has been pending at the Supreme Court for some time.  Many thought this would be the case...more

7/1/2022  /  Denial of Certiorari , Intellectual Property Protection , Patent Litigation , Patent-Eligible Subject Matter , Patents , SCOTUS , Section 101

Last Week In The Federal Circuit (May 2-6): Experimenting With The On-Sale Bar

With another busy week of arguments last week, the Federal Circuit took a break from issuing precedential decisions. But it still pushed out several non-precedential decisions along with some quick affirmances without...more

5/10/2022  /  America Invents Act , Experimental Use Exception , Intellectual Property Protection , On-Sale Bar , Patent Applications , Patent Litigation , Patents , Totality of Circumstances Test

Last Week in the Federal Circuit (February 28 - March 4): When Infringing An Invalid Patent Can Be Costly

The Federal Circuit kicked off a new week of oral arguments today. And this week it finishes its goodbyes to Judge O’Malley, who officially retires on Friday (March 11). Even so, the work must go on. Below we provide our...more

3/8/2022  /  Consent Order , International Trade Commission (ITC) , Patent Infringement , Patent Invalidity , Patent Litigation , Patents

Last Week in the Federal Circuit (October 18-22): Inequitable Conduct = Attorneys’ Fees?

After a couple of weeks with lots of precedential decisions, the Federal Circuit caught its breath last week and issued only non-precedential ones (with the possible exception of a sealed opinion that may or may not be...more

10/26/2021  /  35 U.S.C. § 285 , Attorney's Fees , Exceptional Case , Inequitable Conduct , Obviousness , Octane Fitness v. ICON , Patent Infringement , Patent Litigation , Patents

Last Week in the Federal Circuit (September 13-17): More Forays Into Expert Testimony and Damages

We’re still waiting (and probably will be for a little while) for the first opinion from newly confirmed Judge Tiffany Cunningham. But in the meantime, we provide below our usual weekly statistics and our case of the week—our...more

9/21/2021  /  Damages , Evidence , Expert Testimony , Patent Infringement , Patent Litigation , Patents , Precedential Opinion , Remand , Testimonial Statements

Last Week in the Federal Circuit (August 2-6): No Secret For Obtaining Venue

The Federal Circuit wrapped up another (perhaps final) week of telephone arguments last week. As of now, the Court is still set to restart in-person arguments next month. But we’ll have to see if those plans change. Below we...more

8/10/2021  /  Improper Venue , Motion to Dismiss , Patent Infringement , Patent Litigation , Patents , Precedential Opinion , Principal Place of Business , Principal-Agent Issues , Venue

Arthrex Looks to Be Going Out With a Whimper

Now that it’s been roughly a month since the Federal Circuit issued mass sua sponte Arthrex orders (which we discussed in Early Hints About What Happens Next After Arthrex), we thought it was worth checking in on what’s...more

8/2/2021  /  Arthrex Inc v Smith & Nephew Inc , Final Written Decisions , Patent Litigation , Patent Trial and Appeal Board , Patents , USPTO , Vacated , Vacatur

Early Hints About What Happens Next After Arthrex

Now that we have the Supreme Court’s big decision in Arthrex, which we wrote about here, many of us are wondering what the next steps will look like. We may know sooner rather than later. Today, the Federal Circuit issued a...more

6/24/2021  /  Administrative Patent Judges , Appointments Clause , Inferior Officers , Patent Litigation , Patent Trial and Appeal Board , Patents , SCOTUS , United States v Arthrex Inc

Supreme Court Preserves (Again) Inter Partes Review Despite Finding Constitutional Violation

The Supreme Court issued its long-awaited decision Monday in United States v. Arthrex, Inc., Nos. 19-1434, -1452, -1458. Although a majority of the Court held that Congress’s statutory scheme violated the Constitution, the...more

6/22/2021  /  Administrative Patent Judges , Appointments Clause , Arthrex Inc v Smith & Nephew Inc , Executive Branch , Executive Powers , Inter Partes Review (IPR) Proceeding , Patent Trial and Appeal Board , Patents , SCOTUS , United States v Arthrex Inc , USPTO

Last Week in the Federal Circuit (May 17-21): Avoiding Special Rules For Patent Litigation

There's a new Chief Judge at the Federal Circuit (as of Saturday), but life continues as usual here at Federal Circuitry. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection...more

5/25/2021  /  IP License , Patent Infringement , Patent Litigation , Patents , Personal Jurisdiction , Precedential Opinion

How Well Do You Know the Federal Circuit’s Jurisdiction?

“The Federal Circuit – that’s the patent court, right?” That seems to be a common sentiment from non-Federal Circuit practitioners. And there’s certainly some truth to the sentiment. According to the Court’s own statistics,...more

5/14/2021  /  Appellate Courts , Jurisdiction , Litigation Strategies , Patent Litigation , Patents , Tribunals

Last Week in the Federal Circuit (March 22-26): Improving A Technological Process Or Merely Enhancing An Ineligible Concept

Spring seems to have arrived in DC, and cherry blossom trees are starting to bloom all over the region. But the beautiful weather this weekend didn’t stop us from our weekly review of all things Federal Circuit. Below we...more

3/30/2021  /  Abstract Ideas , CLS Bank v Alice Corp , Intellectual Property Protection , Patent Litigation , Patent-Eligible Subject Matter , Patents , Section 101

Last Week in the Federal Circuit (March 8-12): The NeverEnding Story of the AIA’s No-Appeal Bar

Wow—it was a busy week at the Court last week. Lots of opinions, and lots of precedential ones. There were lots of good choices out there, so we sort of threw a dart at a board to see which one to write about. In the end,...more

3/17/2021  /  § 314(d) , America Invents Act , Appeals , Estoppel , Final Written Decisions , Judicial Review , Patent Litigation , Patents , Precedential Opinion

Last Week in the Federal Circuit (March 1-5): Purely Functional Claiming And Means-Plus-Function Elements

Last week was argument week, and the Federal Circuit previewed its new YouTube channel for streaming live arguments (sadly, audio only for now).  Still, that didn’t slow the Federal Circuit down in issuing opinions, including...more

3/9/2021  /  Indefiniteness , Means-Plus-Function , Patent Invalidity , Patent Litigation , Patents , Precedential Opinion , Rebuttable Presumptions , Rule 36
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