In Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc. 2021-2299, 2021-2338 (Fed. Cir. Sept. 15, 2023), the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement...more
In Finjan LLC, FKA Finjan, Inc. v. SonicWall, Inc., No. 2022-1048 (Fed. Cir. Oct. 13, 2023), the Federal Circuit vacated a summary judgement of invalidity based on collateral estoppel, where the case that provided estoppel...more
The US Court of Appeals for the Federal Circuit vacated a stipulated judgment of noninfringement in a patent infringement dispute after construing a disputed claim term, taking a more literal approach than the district court...more
The US Court of Appeals for the Federal Circuit vacated a district court’s noninfringement decision that was based on a negative claim construction and remanded with instructions for the district court to determine what...more
The Federal Circuit has vacated and remanded a district court’s ruling of noninfringement because of erroneous claim construction that would leave the dependent claims of a patent with no scope. In Littelfuse, Inc. v....more
ROCHE DIAGNOSTICS CORPORATION v. MESO SCALE DIAGNOSTICS, LLC - Before Newman, Prost, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: A finding of inducing infringement requires...more
Mobility Workx, LLC v. Unified Patents, LLC, Appeal No. 2020-1441 (Fed. Cir. Oct. 13, 2021) - In this week’s Case of the Week, a panel of the Court of Appeals for the Federal Circuit considered, and rejected, new...more
QUESTIONS REGARDING THE APPLICATION OF THE FINTIV FACTORS REMAIN - The Board has increasingly exercised its discretion to deny petitions in recent months, mainly due to the application of the Fintiv factors due to parallel...more
TECSEC, INC., v. ADOBE INC. Before Prost, Reyna, and Taranto. Appeal from the U.S. District Court for the Eastern District of Virginia. Summary: Even if it would be objectively reasonable to view a defendant’s conduct as...more
The US Court of Appeals for the Federal Circuit vacated a grant of summary judgment of non-infringement and remanded for resolution of numerous factual issues in a case addressing “extremely frustrating” issues involving the...more
Baxalta Inc. v. Genentech, Inc., 2019-1527, (Fed. Cir. Aug 27, 2020) - In an appeal from the District of Delaware, the Federal Circuit (Judges Moore, Plager, and Wallach) vacated and remanded the district court’s judgment...more
BAXALTA INC. V. GENENTECH, INC. Before Moore, Plager, and Wallach. Appeal from the District of Delaware Summary: A district court erred by interpreting a specification’s description of an “antibody” as a definition,...more
PATENT CASE OF THE WEEK - Baxalta Inc. v. Genentech, Inc., Appeal No. 2019-1527 (Fed. Cir. Aug. 27, 2020) - In this week’s Case of the Week, an appeal from the United States District Court for the District of Delaware,...more
The US Court of Appeals for the Federal Circuit vacated a summary judgment finding an asserted patent invalid for lack of enablement while affirming the holding of non-infringement. McRO, Inc. v. Bandai Namco Games America...more
Last month, in Serta Simmons Bedding, LLC v. Casper Sleep Inc., the Federal Circuit vacated a decision by the U.S. District Court for the Southern District of New York granting summary judgment of non-infringement to...more
TECHTRONIC INDUSTRIES CO. LTD. v. ITC - Before Lourie, Dyk, and Wallach. Appeal from the U.S. International Trade Commission. Summary: Consistent description in the specification of a particular embodiment as the...more
Federal Circuit Summary - Before Prost, Moore, and Reyna. Appeal from the District of Delaware. Summary: Plain language claim construction will not be narrowed based on the prosecution history unless the patentee...more
Federal Circuit Summary - Before Taranto, Plager, and Chen. Appeal from the U.S. District Court for the Western District of Washington. Summary: A patent claim is directed to an abstract idea where it broadly recites a...more
Federal Circuit Summary - Before Prost, Moore and Reyna. Appeal from the District Court of Delaware. Summary: A limitation in the specification should not be imported into a claim when there is no evidence that the...more
Improperly Drafted Employment Agreement Leads to Dismissal of Patent Case Due to Lack of Standing - In Advanced Video Technologies LLC v. HTC Corporation et al., Appeal Nos. 2016-2309, 2016-2310, 2016-2311, the Federal...more
Mankes v. Vivid Seats Ltd. (No. 2015-1909, 4/22/16) (Taranto, Schall, Chen) - Taranto, J. Vacating judgment on the pleadings dismissing cases for inadequately pleading divided infringement and remanding for...more
Addressing the issues of indefiniteness and non-infringement for both utility and design patents, the U.S. Court of Appeals for the Federal Circuit reversed and vacated in part the district court’s grant of summary judgment...more
In correcting the district court’s claim construction, the U.S. Court of Appeals for the Federal Circuit vacated the district court’s judgment of non-infringement and remanded, finding that the claims were improperly limited...more
Judge MaryJoan McNamara Appointed New Administrative Law Judge at U.S. International Trade Commission – On August 17, 2015, the ITC issued a news release announcing that Judge MaryJoan McNamara has been appointed as an ALJ....more