News & Analysis as of

CAFC Remand Patent Litigation

McDermott Will & Emery

Impermissible Convoyed Sales Wash Away Damages Award

The US Court of Appeals for the Federal Circuit affirmed a district court’s finding of infringement but vacated its damages award because the award improperly included auxiliary products lacking any functional relationship to...more

Jones Day

Ho, Ho, No: CAFC Delivers Reversal, Vacatur, and Remand in Christmas Tree Row

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The Federal Circuit recently issued another decision in a longstanding dispute between Willis Electric Co. and Polygroup Ltd. involving two patents owned by Willis (U.S. Patent Nos. 8,454,186 and 8,454,187) directed to...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Judge Newman Dissents from the Federal Circuit in New Vision Gaming, Argues “Threshold Issue” of Forum-Selection Clause Must be...

Earlier this month, in the precedential decision  New Vision Gaming & Development, Inc. v. SG Gaming, Inc., FKA Bally Gaming, Inc., the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded a decision by...more

WilmerHale

CAFC Patent Cases - February 2021

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Precedential Federal Circuit Opinions - M & K HOLDINGS, INC. v. SAMSUNG ELECTRONICS CO., LTD. [OPINION] (2020-1160, 2/1/2021) (Moore, Bryson, Chen) Bryson, J. Affirming PTAB decision that references qualified as prior...more

Jones Day

Timing Of Arthrex Remands Remains Fuzzy

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The Court of Appeals for the Federal Circuit (CAFC) has denied the United States Patent and Trademark Office’s (USPTO) unopposed motion to stay its mandate issued in Arthrex. The USPTO filed its motion seeking a 90 day stay...more

Mintz - Intellectual Property Viewpoints

Fox Factory v. SRAM – According to CAFC, No Presumption of Nexus for Bicycle Chainring Patents; IPR Decision Reversed and Remanded

On December 18, 2019, the United States Court of Appeals for the Federal Circuit, in Fox Factory v. SRAM, Nos. 2018-2024 and 2018-2025, reversed the Board’s Final Written Decision in a pair of inter partes reviews (“IPRs”)...more

Fish & Richardson

PTAB Issues New Procedures for Remands from the CAFC

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On November 16, the Patent Trial and Appeal Board amended its standard operating procedures and issued new guidance for parties as to what happens after the Federal Circuit remands a case. Prior to this guidance, PTAB panels...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Issues New Standard Operating Procedure Addressing Remands from Federal Circuit: The New Standards and How They May Affect...

On November 16, 2017 the U.S. Patent and Trademark Office posted a new Standard Operating Procedure (SOP) addressing the conduct of cases remanded from the Federal Circuit to the Patent Trial and Appeal Board (PTAB). New “SOP...more

Foley & Lardner LLP

En Banc CAFC Requires UCC Sale For On Sale Bar

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In an en banc decision issued in The Medicines Company v. Hospira, Inc., the Federal Circuit determined that in order for a commercial transaction to trigger the on-sale bar of § 35 USC 102(b), it must “bear the general...more

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