Finnegan – Federal Circuit IP Blog

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Federal Circuit Finds PTAB Should Have Invalidated Additional Claims in IPRs

In CRFD Research, Inc. v. Matal, No. 2016-2198 (Fed. Cir. Dec. 5, 2017), the Federal Circuit reviewed three IPR decisions, each on the same patent, reversing the PTAB’s finding in one of the three decisions. The PTAB had…more
 /  Intellectual Property, Science, Computers, & Technology

Spotlight on Upcoming Oral Arguments – December 2017

Ariosa appeals from a PTAB decision denying Ariosa’s IPR petition and upholding the validity of Illumina’s ’794 patent. In reaching its decision, the PTAB found that Ariosa failed to establish that the asserted reference…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Practice Pointer: How Are Judges Assigned to Federal Circuit Cases?

Many parties appearing before the Federal Circuit are unaware of how Judges are selected to preside over their disputes. Like other courts, the Federal Circuit has sought to achieve a blind allocation of Judges to cases through…more
 /  Civil Procedure, Intellectual Property

The Federal Circuit Opens the Door to Venue Challenges after Waiver Pre-TC-Heartland

In In re: Micron Tech., Inc., No. 2017-138 (Fed. Cir. Nov. 15, 2017), the Federal Circuit vacated the district court’s order denying Micron’s venue challenge and remanded the case for further consideration. The court held that…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Sale of Generic Drug to Physician With “Extensive Information” on the Label May Induce Infringement

In Sanofi v. Watson, No. 2016-2722, the Federal Circuit affirmed the district court’s decision, upholding induced infringement and validity of Sanofi’s patents covering compositions of, uses for, and methods for administering…more
 /  Intellectual Property, Science, Computers, & Technology

Little Life Left in Promega v. Life Technologies Dispute

In Promega Corporation v. Life Technologies Corporation, Nos. 2013-1011, -1029, -1376 (Fed. Cir. Nov. 3, 2017), on remand from the Supreme Court, the Federal Circuit reviewed its prior holdings and considered whether they were…more
 /  Intellectual Property, Science, Computers, & Technology

Cable Providers “Cut the Cord”: Audio/Video Streaming Patents Fail Both Alice Steps

The Federal Circuit affirmed the decision of the Delaware District Court in Two-Way Media, Ltd. v. Comcast Cable Communications, Inc., Nos. 16-2531, 16-2532 (Fed. Cir. Nov. 1, 2017), determining that Two-Way Media’s patents were…more
 /  Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Federal Circuit Finds Orally Disintegrating Drug Formulation Obvious

In Bayer Pharma AG v. Watson Labs., Inc., No. 2016-2169 (Fed. Cir. Nov. 1, 2017), the Federal Circuit reversed the district court’s conclusion that certain claims of Bayer’s patent covering Staxyn would not have been obvious…more
 /  Intellectual Property, Science, Computers, & Technology

System Claims Not Indefinite When Using Active Verbs to Describe Functionality

In MasterMine Software, Inc. v. Microsoft Corp., No. 2016-2465 (Fed. Cir. Oct. 30, 2017), the Federal Circuit affirmed the district court’s claim construction and reversed the district court’s finding of indefiniteness,…more
 /  Intellectual Property, Science, Computers, & Technology

Spotlight on Upcoming Oral Arguments – November 2017

In this appeal, the Federal Circuit will consider whether it has jurisdiction to review a PTAB decision to terminate an IPR and enter an adverse judgment against the patent owner. Arthrex argues that the Court has jurisdiction…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Process Discoverable by “Merely Ordinary Experimentation” Rendered Obvious

In Merck Sharp & Dohme Corp. v. Hospira, Inc., No. 2017-1115 (Fed. Cir. Oct. 26, 2017), a divided Federal Circuit panel affirmed the district court’s finding that a claimed process for making a chemical compound was obvious…more
 /  Intellectual Property, Science, Computers, & Technology

Practice Pointer: “An Absolute Plague”

You cannot retract any confidential information after you file a document publicly. If an error is made, the clerk’s office can accept requests to address the error during working hours…more
 /  Civil Procedure

Method of Using Existing Bank Cards to Access Mass Transit Fails Both Alice Steps

In Smart Sys. Innovations, LLC v. Chi. Transit Auth., No. 2016-1233, the Federal Circuit affirmed the district court’s decision holding that the claims at issue are directed to a patent ineligible abstract idea under 35 U.S.C. §…more
 /  Intellectual Property, Science, Computers, & Technology

Return to Sender: Mail Tracking with Barcodes and URLs Found Not Patent Eligible

In Secured Mail Solutions LLC v. Universal Wilde, Inc., No. 16-1728 (Fed. Cir. Oct. 16, 2017), the Federal Circuit affirmed the lower court’s dismissal for failure to state a claim, finding that Secured Mail’s patents were…more
 /  Intellectual Property, Science, Computers, & Technology

Collateral Estoppel May Apply If Claims in a Different, but Related Patent, Have Been Litigated Before

In In re Arunachalam, No. 2016-1607, the Federal Circuit affirmed the PTAB decision holding that Dr. Lakshmi Arunachalam is collaterally estopped from asserting claims in U.S. Patent No. 6,212,556 (’556 Patent) because a…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology
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