Federal Circuit Summary -
Before Lourie, O’Malley, and Taranto. Appeal from the United States District Court for the Northern District of Texas.
Summary: Where remand of post-reexamination claims that issued during the...more
8/9/2018
/ Abstract Ideas ,
Appeals ,
Claim Amendments ,
Declaratory Rulings ,
Determination on Remand ,
Inter Partes Reexamination ,
Judgment on the Pleadings ,
Patent Invalidity ,
Patent-Eligible Subject Matter ,
Patents ,
Petition For Rehearing ,
Section 101
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
Federal Circuit Summaries -
Before Dyk, Clevenger, and Chen. Appeal from the United States District Court for the Northern District of California.
Summary: In order to rely on the entire market value rule to calculate...more
Federal Circuit Summaries -
Before Taranto, Plager, and Chen. Appeal from the Patent Trials and Appeals Board.
Summary: In determining whether materials distributed at meetings or conferences are reasonably accessible...more
Federal Circuit Summaries -
Before PROST, Wallach, and Taranto. Appeal from the Southern District of Indiana.
Summary: In determining whether a party’s actions were “exceptional” under Octane Fitness, the District...more
6/14/2018
/ Abuse of Discretion ,
Appeals ,
Attorney's Fees ,
Clear Error Standard ,
Dismissals ,
Exceptional Case ,
Inter Partes Review (IPR) Proceeding ,
Motion to Dismiss ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Prevailing Party ,
Reaffirmation ,
Totality of Circumstances Test
Federal Circuit Summaries -
Before Reyna, Clevenger, and Wallach. Appeal from the United States District Court for the District of Colorado -
Summary: Even in a simple mechanical case, a narrow disclosure in the...more
Federal Circuit Summary -
Before Wallach, Chen, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: A party may not be time-barred from instituting an IPR despite having a business relationship with a...more
5/11/2018
/ § 315(b) ,
Appeals ,
Inter Partes Review (IPR) Proceeding ,
Jury Trial ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Privity of Contract ,
Real Party in Interest ,
Substantial Evidence Standard ,
Time-Barred Claims
Federal Circuit Summaries -
Before Newman, Clevenger, and Wallach. Appeal from the Patent Trial and Appeal Board.
Summary: The USPTO has standing to intervene to defend its decision, even when the requestor has...more
Federal Circuit Summaries -
Before Newman, Hughes, and Stoll. Appeal from U.S. District Court for the Southern District of New York.
Summary: General disclosures in the specification and statements that describe the...more
Federal Circuit Summaries -
Before Moore, Mayer, and Hughes. Appeal from U.S. District Court for the Western District of Texas.
Summary: The Federal Circuit...more
Federal Circuit Summaries -
Before Taranto, Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware.
Summary: Proceeding to trial despite a party’s violation of a discovery order...more
Federal Circuit Summaries -
Before Lourie, O’Malley, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: Evaluation of “teaching away” requires consideration of whether a reference “criticize[s],...more
2/12/2018
/ Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Evidence ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reaffirmation ,
Reversal
Federal Circuit Summaries -
Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York.
Summary: A co-inventor did not transfer ownership interests in a...more
1/12/2018
/ Appeals ,
Assignment of Inventions ,
Dismissals ,
Employment Contract ,
Inventors ,
IP Assignment Agreements ,
Joinder ,
Joint Inventors ,
Patent Infringement ,
Patents ,
Quitclaim Deeds ,
Standing ,
Technology Sector ,
Vesting
Patent Judgments and Awards -
On July 14, 2017, the International Trade Commission determined that financial services company Diebold Nixdorf, Inc. (“Diebold”) violated Section 337 of the Tariff Act by importing ATMs and...more
Patent Judgments and Awards -
On August 7, 2017, after nearly two-and-a-half years of litigation, an East Texas jury awarded just over $21,000,000 to Elbit Systems of America and its affiliate (“Elbit”). Elbit, an...more
Patent Judgments and Awards -
On August 4, 2017, after five-and-a-half years of litigation over patent infringement, a Federal Claims judge ordered the United States (“the Government”) to pay Advanced Aerospace...more
The Federal Circuit affirmed the PTAB’s final written decision holding that claims directed to Novartis’s multiple sclerosis drug Gilenya were obvious in Novartis AG v. Torrent Pharmaceuticals. Ltd., No. 2016-1352 (Fed. Cir....more