Morrison & Foerster LLP - Federal Circuitry

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Firm Profile: Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105-2482, United States
Phone: (415) 268-7000
Fax: (415) 268-7522
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Last Week in the Federal Circuit (October 26-30): Another Texas Mandamus Grant

In what seems to be a pattern, the week before argument week was again light on output at the Federal Circuit. The Court issued just two opinions and two dispositive orders. Below we provide our usual weekly statistics and our…more

First-to-File, Inter Partes Review (IPR) Proceeding, Mandamus Petitions, Patent Infringement, Patent Litigation

See all updates »

The Federal Circuit, in Boeing, Backs Contractors' Proprietary Markings, but Leaves Open an Important Question on Scope

Federal contractors received some good news from the Federal Circuit this holiday season. The court held, in Boeing Co. v. Secretary of Air Force, that the Department of Defense (DoD) Federal Acquisition Regulation Supplement…more

Armed Services Board of Contract Appeals, Boeing, Department of Defense (DOD), DFARS, Federal Acquisition Regulations (FAR)

See all updates »

Last Week in the Federal Circuit (October 12-16): The Federal Circuit on Matters of the Heart

Perhaps the biggest Federal Circuit news last week didn’t come from the Federal Circuit; it happened when the Supreme Court granted review in Arthrex.  In the Federal Circuit, the Court not surprisingly issued a smattering of…more

Broadest Reasonable Interpretation Standard, Corporate Counsel, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patents

See all updates »

Last Week in the Federal Circuit (November 22-27): Written Description - Cobbling Together Numbers After the Fact

The week of Thanksgiving was a slower one for the Federal Circuit. But we still got an interesting written description decision with a divided panel. Below we provide our usual weekly statistics and our case of the week—our…more

Inter Partes Review (IPR) Proceeding, Patent Applications, Patent Litigation, Patent Trial and Appeal Board, Patents

See all updates »

Last Week in the Federal Circuit (January 18-22): Factual Obviousness and Yet Another Arthrex Challenge

Although the Federal Circuit has had a busy January, last week was light on precedential decisions (just one, in a case from the MSPB). Below we provide our usual weekly statistics and our case of the week—our highly subjective…more

Administrative Procedure Act, America Invents Act, Appointments Clause, Final Written Decisions, Inferior Officers

See all updates »

Last Week in the Federal Circuit (October 25-29): Taking the Pulse of Another § Decision

While there may have been no public tricks or treats from the Federal Circuit last week, the Court still managed to issue a range of precedential and non-precedential decisions. Below we provide our usual weekly statistics and…more

Abstract Ideas, Intrinsic Evidence, Inventive Concept Test, Patent Applications, Patent Litigation

See all updates »

Last Week in the Federal Circuit (November 1-5): Killing Bacteria with Light – An Unexpected Result?

Last week saw recently confirmed Judge Cunningham sitting for her first oral arguments (alongside her former boss, Judge Dyk). But we’ll have to wait a bit longer for her first authored opinion. Below we provide our usual weekly…more

Final Written Decisions, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Litigation, Patent Trial and Appeal Board

See all updates »

Return to Sender: When Courts of Appeals Disagree on Which One Has Jurisdiction

What happens when two courts of appeal each think the other has exclusive jurisdiction over an appeal? Confusion and inter-circuit criticism. The latest chapter in such a dispute between the Federal and Fifth Circuits on the…more

Appellate Jurisdiction, Corporate Counsel, Exclusive Jurisdiction, Gunn v Minton, Monopolization

See all updates »

Last Week in the Federal Circuit (November 29 - December 3): COVID-19 Vaccine Patents at the PTAB

Last week the Federal Circuit was gearing up for its December argument sitting, but the Court still found time to issue several decisions. Below we provide our usual weekly statistics and our case of the week—our highly…more

Coronavirus/COVID-19, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Infringement, Patent Litigation

See all updates »

Last Week in the Federal Circuit (November 8-12): An Arbitrability Tongue Twister

Fall colors are on full display in DC. But leaf peeping can’t keep us from following the latest news at the Federal Circuit. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection…more

Arbitration, Arbitrators, Cal Code of Civil Procedure, Patent Litigation, Patents

See all updates »

How the Federal Circuit (and Its Judges) Fare at the Supreme Court

How well do Federal Circuit decisions hold up at the Supreme Court? And which Federal Circuit judges have their votes most often affirmed? With the new Supreme Court term around the corner, we dove into a decade’s worth of data…more

Corporate Counsel, Judges, Jurisdiction, Reversal, SCOTUS

See all updates »

Last Week In The Federal Circuit (August 1-5): An (Artificially) Intelligent Decision On Inventorship

From facial-recognition technology to voice assistants and self-driving cars, artificial intelligence these days is pretty remarkable. But according to our latest case of the week, there’s at least one thing AI can’t do: be…more

Artificial Intelligence, Intellectual Property Protection, Inventions, Inventors, Machine Learning

See all updates »

Last Week in the Federal Circuit (November 15-19): Government Contracts - A Bridge Too FAR on Termination for Convenience

Although the Federal Circuit did not issue a precedential patent decision this week, there was still plenty of activity, including three grants of mandamus to transfer cases out of the Western District of Texas. Below we provide…more

Contract Termination, Federal Acquisition Regulations (FAR), Federal Contractors, Remand, Termination for Convenience

See all updates »

Last Week in the Federal Circuit (April 5-9): Failure to Authenticate Third-Party Source Code

Last week was argument week, which sometimes means lots of Rule 36 affirmances and not a lot of precedential opinions. Still, that didn’t stop the Court from issuing an interesting, and relatively rare, precedential decision on…more

Authentication, Patent Litigation, Patents, Precedential Opinion, Rule 36

See all updates »

Last Week in the Federal Circuit (April 19-23): Contingent Findings v. Alternative Holdings

As many of you probably saw, Chief Judge Prost’s tenure as Chief Judge of the Federal Circuit is coming to a close, with Judge Moore set to become the new Chief Judge on May 22. But the upcoming transition doesn’t seem to have…more

Patent Infringement, Patent Invalidity, Patent Litigation, Patents, Precedential Opinion

See all updates »

Last Week in the Federal Circuit (March 29-April 2): A POSA By Any Other Name …

In a slow week, the Federal Circuit nevertheless gave patent litigators everywhere a non-precedential opinion to nibble on about the definition of the ever-present person having ordinary skill in the art.  Below we provide our…more

Expert Testimony, Final Written Decisions, Obviousness, Patent Litigation, Patent Trial and Appeal Board

See all updates »

Last Week in the Federal Circuit (April 12-16): Self-Enabling Prior Art

It was a busy week for the Federal Circuit, with a total of 18 new opinions, including a precedential opinion on enablement in the context of § 103 obviousness references. Below we provide our usual weekly statistics and our…more

Patent Litigation, Patent Trial and Appeal Board, Patents, Precedential Opinion, Prior Art

See all updates »

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 v…more

35 U.S.C. § 285, Attorney's Fees, Inter Partes Review (IPR) Proceeding, Netflix, Patent Infringement

See all updates »

Last Week In The Federal Circuit (July 11-15): The FRAND vs. ITC Fight That Wasn’t

Precedential opinions: 3 Non-precedential opinions: 4 Rule 36: 1 Longest pending case from argument: Lanclos v. United States, No. 21-1750 (219 days)... …more

Exclusion Orders, FRAND, IP License, Irreparable Harm, ITC

See all updates »

CVSG in American Axle and Cases in General: What Does It Mean? A Q&A With Deanne Maynard

Some of the big news a couple weeks ago was the Supreme Court’s decision to invite the Solicitor General (SG) to file a brief expressing the views of the United States in American Axle, a Section 101 case involving an industrial…more

Calls for Views of Solicitor General (CVSG), Competition, Patent-Eligible Subject Matter, Patents, SCOTUS

See all updates »

Last Week In The Federal Circuit (March 14-18): Federal Circuit Says No Catch For Claims of Co-Ownership

Last week’s big news was of course the official swearing in of Judge Stark. But there were plenty of other things happening at the Court. Below we provide our usual weekly statistics and a detailed discussion of our case of the…more

Co-Ownership, Intellectual Property Protection, Jury Verdicts, Obviousness, Patent Litigation

See all updates »

Last Week in the Federal Circuit (February 7-11): Don't Forget To File Your Patent Before Pressing That "Fax" Button

No better way to start Valentine’s Day week than to think about a different way for communicating. But as this week’s case of the week shows, what you say and how you say it can matter. Check out our usual weekly statistics…more

America Invents Act, On-Sale Bar, Patent Litigation, Patent Trial and Appeal Board, Patents

See all updates »

Last Week in the Federal Circuit (November 2-6): Limits on Venue in Hatch-Waxman Cases

Last week was argument week at the Federal Circuit, which as usual meant the Court issued several Rule 36 affirmances and short non-precedential decisions. But tucked in between those was at least one case—a Hatch-Waxman…more

Abbreviated New Drug Application (ANDA), Generic Drugs, Hatch-Waxman, Patent Infringement, Patent Litigation

See all updates »

Return to Sender: When Courts of Appeals Disagree on Which One Has Jurisdiction

What happens when two courts of appeal each think the other has exclusive jurisdiction over an appeal? Confusion and inter-circuit criticism. The latest chapter in such a dispute between the Federal and Fifth Circuits on the…more

Appellate Jurisdiction, Corporate Counsel, Exclusive Jurisdiction, Gunn v Minton, Monopolization

See all updates »

Last Week in the Federal Circuit (February 8-12): Patent Term Adjustments When Examiners Back Down

Did you remember to send your favorite examiner a Valentine’s Day card?  Okay, so maybe that’s not the typical applicant/examiner relationship.  But this week we do look at some potential consequences from the back and forth…more

Patent Examinations, Patent Litigation, Patent Term Adjustment, Patent Trial and Appeal Board, Patents

See all updates »

Last Week in the Federal Circuit (January 25-29): Year 1993 and LTE Technology

Despite no precedential patent decisions at the Federal Circuit, the Court still addressed some interesting issues last week, including whether a license agreement from 1993 bars patent infringement claims on LTE technology 25…more

Abuse of Discretion, IP License, License Agreements, Patent Infringement, Patent Litigation

See all updates »

Last Week In The Federal Circuit (April 4 - 8): Claim Differentiation Carries The Day

Last week was argument week at the Federal Circuit, and we’ve already begun seeing decisions from the argued cases trickle in. Below we provide our usual weekly statistics and a detailed discussion of our case of the week—our…more

Claim Construction, Patent Litigation, Patent Prosecution, Patent Prosecution History, Patents

See all updates »

Last Week In The Federal Circuit (March 21-25): Oil is a Hot Commodity These Days—Even on the Federal Circuit

When it comes to oil, even the Federal Circuit’s hands are sometimes tied. Last week, the Federal Circuit affirmed a Patent Trial and Appeal Board Precedential Opinion Panel decision for claims related to oil wells, although the…more

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

See all updates »

Last Week In The Federal Circuit (March 7-11): March Madness Mandamus-Style

If your limited attention is diverted this week because of March Madness, never fear! We’ve got you covered at Federal Circuitry, where we’re always tracking the latest news at the Federal Circuit. Below we provide our usual…more

Franchise Agreements, Patent Infringement, Patent Litigation, Patents, Precedential Opinion

See all updates »

Last Week in the Federal Circuit (February 1-5): The Growing Universe of Printed Publications

Since yesterday was the Super Bowl, we assume that all of our readers spent today as we did, thinking about the Federal Circuit's recent decision in M&K Holdings about a video compression patent. If not, we've got you covered. …more

Appeals, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

See all updates »

Last Two Weeks in the Federal Circuit (December 27 - January 7)

The Federal Circuit is holding its first argument session of 2022 this week (with a return to telephonic arguments in light of the Omicron variant).  In this post, we take a look back at how the Court closed out 2021 and began…more

Claim Construction, Claim Limitations, Inter Partes Review (IPR) Proceeding, Means-Plus-Function, Obviousness

See all updates »

Last Week in the Federal Circuit (June 1–4): Prosecution Disclaimer – What’s Good for the Goose …

Although last week saw just four Federal Circuit opinions, they were all precedential ones and covered a range of interesting issues. Below we provide our usual weekly statistics and our case of the week—our highly subjective…more

Claim Construction, Doctrine of Prosecution Disclaimer, Patent Infringement, Patent Litigation, Patents

See all updates »

Last Week in the Federal Circuit (July 5-9): What Happens When the Federal Circuit Looks to Define the Undefined

Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest. Precedential opinions: 1 - v Non-precedential opinions: 4 - Rule 36: 3 -…more

Claim Construction, Indefiniteness, Intrinsic Evidence, Patent Infringement, Patent Litigation

See all updates »

Last Week In The Federal Circuit (February 14-18): When Objective Indicia Evidence Both Is, And Is Not, Sufficient For Non-Obviousness

Despite no precedential patent decisions at the Federal Circuit last week, the Court still addressed some interesting issues, including a decision in which the Patent Trial and Appeal Board rejected a patentee’s alleged…more

Broadest Reasonable Interpretation Standard, Nonobvious, Obviousness, Patent Litigation, Patent Trial and Appeal Board

See all updates »

Last Week in the Federal Circuit (September 20-24): Venue, Venue, Venue

Although the Federal Circuit didn’t issue a lot of precedential decisions last week, it continued the recent trend of venue transfer decisions out of the Western District of Texas. Below we provide our usual weekly statistics…more

Motion to Transfer, Patent Infringement, Patent Litigation, Patents, Transfer of Venue

See all updates »

Last Week in the Federal Circuit (September 6-10): The (Un)Enforceability Of Arbitration Agreements At The PTAB

The Federal Circuit issued just one precedential opinion the week of Labor Day (along with several non-precedential opinions and Rule 36 judgments). But it’s an interesting one, addressing the interplay between arbitration…more

Arbitration, Arbitration Agreements, Inter Partes Review (IPR) Proceeding, Interlocutory Appeals, Jurisdiction

See all updates »

Last Week in the Federal Circuit (August 16-20): Controlling for Authentication

It has been another steamy August week here in Washington and at the Federal Circuit, with eleven new opinions fresh off the press.  Below we provide our usual weekly statistics and our case of the week—our highly subjective…more

Patent Infringement, Patent Litigation, Patent Prosecution History, Patent Trial and Appeal Board, Patents

See all updates »

Last Week in the Federal Circuit (August 23-27): Supporting Damages Expert’s Testimony

With Labor Day around the corner and summer coming to a close, the Federal Circuit had a busy week with a lot of precedential opinions to pick from. Below we provide our usual weekly statistics and our case of the week—our…more

Calculation of Damages, Discovery, Expert Testimony, Federal Rules of Civil Procedure, Patent Litigation

See all updates »

Last Week In The Federal Circuit (August 30-September 3): Candor At The Patent Office

The Federal Circuit returned to a full week of in-person arguments last week.  But that didn’t keep it from issuing a range of decisions in patent and non-patent cases.  Below we provide our usual weekly statistics and our case…more

Deceptive Intent, Inequitable Conduct, Patent Applications, Patent Litigation, Patents

See all updates »

Last Week in the Federal Circuit (August 9-13): The Dangers of Relying Solely on Extrinsic Evidence for Claim Construction

Although things often slow down in Washington in the August heat and humidity, that wasn’t the case this past week for the Federal Circuit. All told, the Court issued 5 precedential opinions and ruled in 17 cases. Below we…more

Claim Construction, Extrinsic Evidence, Patent Litigation, Patent Prosecution, Patent Prosecution History

See all updates »

Last Week in the Federal Circuit (October 4-8): An “Inventive” Authentication Scheme Takes The Cake Under Alice

Even though last week was argument week, that didn’t slow down the issuance of decisions at the Federal Circuit. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on…more

Abstract Ideas, CLS Bank v Alice Corp, Inventive Concept Test, Patent Litigation, Patent-Eligible Subject Matter

See all updates »

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  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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