News & Analysis as of

Patents Abuse of Discretion Remand

McDermott Will & Emery

Judicial Bias and Erroneous Admission of Expert Testimony Prompt Case Reassignment

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a district court’s decision to admit expert testimony and remanded the case to a different judge, noting that “from the moment this case fell in his lap, the trial...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Fish & Richardson

ITC Monthly Wrap-Up: March 2022

Fish & Richardson on

The ITC monthly wrap-up for March 2022 focuses on two Federal Circuit decisions that help explore two of the major differences between patent litigation in the International Trade Commission (ITC) and federal district court:...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: John Bean Techs. Corp. v. Morris & Assocs., Inc.,...

This case was the second opinion in a patent dispute saga between two poultry processing competitors over patented poultry chilling technology. See John Bean Tech. Corp. v. Morris & Associates, Inc., 887 F.3d 1322 (Fed. Cir....more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ferring B.V. v. Allergan, Inc. (Fed. Cir. 2020)

The Federal Circuit has taken the occasion, in appeals from the Patent Trial and Appeal Board as well as district courts, to remand judgments whenever the Court believes that the record below is devoid of sufficient detail to...more

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

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Honeywell International Inc. v. Arkema Inc., 939 F.3d 1345...

Honeywell owns U.S. Patent 9,157,017, which claims automotive air-conditioning systems. The application to the ’017 patent had originally described and recited claims for flouroalkane compounds for use in refrigeration...more

Knobbe Martens

Non-Expert Testimony on Obviousness Is Inadmissible

Knobbe Martens on

HVLPO2, LLC v. OXYGEN FROG, LLC - Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida. Summary: It is an abuse of discretion to permit a witness to testify...more

Knobbe Martens

Federal Circuit Review - October 2019

Knobbe Martens on

The PTAB Cannot Approve or Deny Certificates of Correction - In Honeywell International, Inc. v. Arkema Inc., Arkema France, Appeal Nos. 2018-1151, -1153, the Patent Trial and Appeal Board (“Board”) does not have the...more

McDermott Will & Emery

Who You Gonna Call? Inventors Survive On-Sale Heat

The US Court of Appeals for the Federal Circuit affirmed a district court finding that three patent claims were invalid under the on-sale bar but remanded two other patent claims for trial, explaining that the district court...more

Knobbe Martens

Federal Circuit Review - September 2018

Knobbe Martens on

Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

Knobbe Martens

In Re Rembrandt Techs., LP Patent Litig.

Knobbe Martens on

Federal Circuit Summary - Before O’Malley, Mayer, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A case may be exceptional if: (1) fact witnesses are compensated based on the...more

Knobbe Martens

Energy Heating, LLC. v. Heat On-The-Fly, LLC

Knobbe Martens on

Federal Circuit Summaries - Before Moore, Hughes, and Stoll. Appeal from the United States District Court for the District of North Dakota. Summary: A district court must articulate a reasonable basis for denying...more

Jones Day

When is it too late to petition for IPR?

Jones Day on

By statute, an IPR cannot be instituted if the petitioner, real party in interest, or its “privy” was sued for infringing the patent more than one year before the petition for the IPR. 35 U.S.C. § 315(b). As we previously...more

Knobbe Martens

Federal Circuit Review - August 2017

Knobbe Martens on

District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness - In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Mylan v. Aurobindo the Circuit affirms the grant of a preliminary injunction based upon the infringement of one of the three patents in suit. However, the panel reverses the injunction as to the other two patents based on...more

Knobbe Martens

Federal Circuit Review | April 2017

Knobbe Martens on

Patentee’s Unnecessarily Broad Prosecution Disclaimer Affirmed by Federal Circuit - In Technology Properties Limited LLC v. Huawei Technologies Co., Ltd., Appeal Nos. 2016-1306, -1307, -1309, -1310, -1311, the Federal...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide