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Dismissal on Procedural Grounds May Bar Claims for Later Infringement Under Res Judicata

RICHARD SOWINSKI v. CALIFORNIA AIR RESOURCES BOARD - Before Newman, Lourie, and Schall. Appeal from the District Court for the Northern District of California. Summary: Res judicata may bar subsequent claims regarding...more

Post-Investigation Invalidity Challenge Is Not a Changed Condition Permitting Rescission of an ITC Exclusion Order

MAYBORN GROUP, LTD., MAYBORN USA, INC. v. INTERNATIONAL TRADE COMMISISION - Before Lourie, Linn, and Wallach. Appeal from the U.S. International Trade Commission. Summary: An invalidity challenge, raised after the...more

Litigants Face a High Hurdle When Seeking Fees for Unadjudicated Claims

MUNCHKIN, INC. V. LUV N’ CARE LTD - Before Dyk, Taranto, and Chen. Appeal from the Central District of California. Summary: when a litigant seeks fees for an exceptional case based on issues that were not fully...more

Single-Entity Requirement for Infringement Under § 271(a) Does Not Apply to § 271(g)

SYNGENTA CROP PROTECTION, LLC v. WILLOWOOD, LLC - Before Reyna, Taranto, and Stoll.  Appeal from the U.S. District Court for the Middle District of North Carolina. Summary: Infringement under § 271(g) does not require a...more

Patent Claims Reordering Conventional Steps May Be Ineligible Under § 101

SOLUTRAN, INC v. ELAVON, INC. Before Chen, Hughes, and Stoll. Appeal from the United States District Court for the District of Minnesota - Summary: Method claims directed to performing conventional steps in a new order...more

Federal Circuit Clarifies Appellate Jurisdiction to Review Attorney Fees Awards

ELBIT SYSTEMS LAND AND C4I LTD. v. HUGHES NETWORK SYSTEMS, LLC - Before Taranto, Mayer, and Chen. Appeal from the United States District Court for the Eastern District of Texas. Summary: Neither 28 U.S.C. § 1295 nor 28...more

Rule 19 Joinder Provisions Are Not Optional

LONE STAR SILICON INNOVATIONS v. NANYA TECHNOLOGY CORPORATION - Before O’Malley, Reyna, Chen. Appeal from the Northern District of California. Summary: When a patent assignee does not acquire all substantial rights in...more

E.I. Du Pont De Nemours & Company v. Unifrax I LLC

Before: O'Malley, Reyna, and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: A parent patent specification of a continuation-in-part child patent constitutes intrinsic evidence...more

Centrak, INC. v. Sonitor Technologies, INC.

Federal Circuit Summary - Before Reyna, Taranto, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: Where the complexity and predictability of a claimed embodiment were...more

Maxchief Investments Limited v. Wok & Pan, Ind., Inc.

Federal Circuit Summary - Before Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Eastern District of Tennessee. Summary: In the context of a suit for a declaration of non-infringement and...more

Wisconsin Alumni Research Foundation v. Apple, Inc.

Federal Circuit Summary - Before Prost, Bryson, and O’Malley. Appeal from the United States District Court for the Western District of Wisconsin. Summary: (1) To uphold a jury verdict of infringement, evidence must...more

Bennett Regulator Guards, Inc. v. Atlanta Gas Light Company

Federal Circuit Summary - Before Lourie, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: 35 U.S.C. § 315(b), which prohibits the Board from instituting an IPR based on a petition filed...more

Luminara Worldwide, LLC v. Iancu

Federal Circuit Summary - Before Lourie, Dyk, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The section 315(b) time-bar for IPRs applies even when the underlying complaint alleging infringement...more

Click-To-Call Technologies, LP v. Ingenio, Inc., Yellowpages.Com, LLC

Federal Circut Summary - Before O’Malley, Taranto, and Stark; Partial En Banc Decision before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Appeal from the Patent Trial and...more

In Re: Power Integrations, Inc.

Federal Circuit Summary - Before O’Malley, Bryson, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: A writ of mandamus cannot be used as an alternative means of obtaining appellate review of...more

Core Wireless Licensing v. Apple Inc.

Federal Circuit Summary - Before Reyna, Bryson, and Hughes. Appeal from the Northern District of California. Summary: Breach of a duty of disclosure to a standards-setting organization may constitute implied waiver,...more

Exmark Manufacturing Company v. Briggs & Stratton Power

Federal Circuit Summaries - Before Wallach, Chen, and Stoll. Appeal from the United States District Court for the District of Nebraska. Summary: Reexaminations of patents confirming validity are not dispositive of...more

Arctic Cat Inc. v. Bombardier Recreational Products Inc.

Federal Circuit Summaries - Before Moore, Plager, and Stoll. Appeal from the United States District Court for the Southern District of Florida. Summary: In challenging compliance with the marking requirement of §...more

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