Qualcomm Inc. v. Intel Corp., Appeal Nos. 2020-1589, et al. (Fed. Cir. July 27, 2021) -
In the only precedential patent decision issued by the Federal Circuit this week, the Court addressed again the due process and...more
Chemours Company FC, LLC v. Daikin Industries, Ltd., Appeal Nos. 2020-1289, -1290 (Fed. Cir. July 22, 2021) -
In this week’s Case of the Week, the Federal Circuit reversed a PTAB decision in consolidated IPRs that two...more
United States v. Arthrex, Inc., et al, Appeal No. 2019-1434 (Fed. Cir. June 21, 2021) -
The Supreme Court issued its long-awaited decision today on the constitutionality of the Patent Trial and Appeal Board (PTAB). The...more
6/22/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
Bio-Rad Laboratories, Inc. v. International Trade Commission, Appeal Nos. 2020-1475, -1605 (Fed. Cir. May 28, 2021)-
In this week’s Case of the Week, the Federal Circuit considered an appeal from the International Trade...more
Trimble Inc. v. PerDiemCo LLC, Appeal No. 2019-2164 (Fed. Cir. May 12, 2021) -
In this week’s Case of the Week, the Federal Circuit revisited its decision in Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355...more
5/18/2021
/ Abstract Ideas ,
Appeals ,
Claim Construction ,
Covered Business Method Proceedings ,
Declaratory Judgments ,
Inter Partes Review (IPR) Proceeding ,
Non-Practicing Entities ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Personal Jurisdiction ,
Summary Judgment
Mojave Desert Holdings, LLC v. Crocs, Inc., Appeal No. 2020-1167 (Fed. Cir. Apr. 21, 2021) The Federal Circuit issued a single precedential patent case this week—a modified version of a non-precedential order issued February...more
In Re: Board of Trustees of the Leland Stanford Junior University, Appeal No. 2020-1288 (Fed. Cir. Mar. 25, 2021) -
The Federal Circuit issued only one precedential decision this week—a companion case from a decision we...more
Uniloc 2017 LLC v. Facebook Inc., Appeal Nos. 2019-1688, -1689 (Fed. Cir. Mar. 9, 2021) In this week’s Case of the Week, Uniloc appealed from two consolidated IPR decisions finding multiple claims unpatentable as obvious....more
3/17/2021
/ § 314(d) ,
§ 315(b) ,
Appeals ,
Claim Construction ,
Facebook ,
Inter Partes Review (IPR) Proceeding ,
Mandamus Petitions ,
Non-Appealable Decisions ,
Noninfringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Summary Judgment
Rain Computing, Inc. v. Samsung Electronics America, Inc., Appeal Nos. 2020-1646, -1656 (Fed. Cir. Mar. 2, 2021) -
Our Case of the Week focuses on the issue of indefiniteness, and particularly, terms that are construed as...more
3/9/2021
/ Attorney's Fees ,
Claim Construction ,
Damages ,
Indefiniteness ,
Multi-Jurisdictional Litigation ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Pro Se Litigants ,
Section 112 ,
Sua Sponte ,
Willful Infringement
SynQor, Inc. v. Vicor Corp., Appeal No. 2019-1704 (Fed. Cir. Feb. 22, 2021) -
In this week’s Case of the Week, the Federal Circuit held that common law collateral estoppel could arise from a factual determination made in...more
John Bean Technologies Corporation v. Morris & Associates, Inc., Appeal Nos. 2020-1090, -1148 (Fed. Cir. Feb. 19, 2021) -
Our Case of the Week this week focuses on the doctrine of intervening rights, a doctrine that is...more
Amgen Inc. v. Sanofi, Appeal No. 2020-1074 (Fed. Cir. Feb. 11, 2021) -
In this week’s Case of the Week, the Federal Circuit affirmed a district court’s JMOL ruling that asserted claims of two related pharmaceutical patents...more
2/17/2021
/ Appeals ,
Indefiniteness ,
Inter Partes Review (IPR) Proceeding ,
JMOL ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
Summary Judgment
In only its third precedential patent case of 2021, the Federal Circuit addressed two discrete issues. It established further precedent concerning whether references on web pages and as part of meetings of interested artisans...more
General Electric Co. v. Raytheon Techs. Corp., Appeal No. 2019-1319 (Fed. Cir. Dec. 23, 2020) -
In one of two precedential opinions this week, the Federal Circuit established new precedent concerning what it takes for a...more
VidStream LLC v. Twitter, Inc., Appeal No. 2019-1734, -1735 (Fed. Cir. Nov. 25, 2020) -
In the Federal Circuit’s only precedential case last week, the Court addressed the extent to which a book published before the...more
SIPCO, LLC v. Emerson Electric Co., Appeal No. 2018-1635 (Fed. Cir. Nov. 17, 2020) -
Our Case of the Week is one of two cases we revisit following further precedential decisions issued by the Federal Circuit this week (see...more
11/24/2020
/ § 315(b) ,
Appeals ,
Damages ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP
Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc., Appeal No. 2019-2402 (Fed. Cir. Nov. 5, 2020) -
In our Case of the Week, the Federal Circuit addressed a lingering question about venue following the...more
11/10/2020
/ Appeals ,
Claim Construction ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Hatch-Waxman ,
Investigational New Drug Application (IND) ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
SCOTUS ,
TC Heartland LLC v Kraft Foods ,
Venue
Immunex Corp. v. Sanofi-Aventis U.S. LLC, Appeal Nos. 2019-1749, -1777 (Fed. Cir. Oct. 13, 2020) -
In our Case of the Week, the Federal Circuit addressed the construction of the term “human antibodies.” In doing so, the...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
9/1/2020
/ Appeals ,
Claim Construction ,
Inter Partes Review (IPR) Proceeding ,
Joint Inventors ,
Judicial Estoppel ,
Noninfringement ,
Patent Trial and Appeal Board ,
Patents ,
Remand ,
Summary Judgment ,
Vacated
PATENT CASE OF THE WEEK -
Security People, Inc. v. Iancu, Appeal No. 2019-2118 (Fed. Cir. Aug. 20, 2020) -
This week’s Case of the Week deals with whether a party can challenge the outcome of an inter partes review...more
PATENT CASE OF THE WEEK -
American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, Appeal No. 2018-1763 (Fed. Cir. July 31, 2020) -
In this week’s Case of the Week, the Federal Circuit modified and re-issued its...more
8/4/2020
/ Alice/Mayo ,
Appeals ,
Intellectual Property Owners Association ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Substantial Evidence Standard ,
Summary Judgment
PATENT CASE OF THE WEEK -
Uniloc 2017 LLC v. Hulu, LLC, Appeal No. 2019-1686 (Fed. Cir. July 22, 2020) -
In this appeal, the Federal Circuit held for the first time that in inter partes review (“IPR”) proceedings, when...more
PATENT CASE OF THE WEEK -
Uniloc 2017 LLC v. Apple, Inc., Appeal Nos. 2019-1922, -1923, -1925, -1926 (Fed. Cir. July 9, 2020) -
This week’s case of the week focuses, not on a patent issue, but on a procedural issue common...more
7/14/2020
/ Appeals ,
Apple ,
Confidential Information ,
Inter Partes Review (IPR) Proceeding ,
License Agreements ,
Litigation Strategies ,
Motion to Dismiss ,
Motion To Seal ,
Obviousness ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Public Records ,
Third-Party
PATENT CASE OF THE WEEK -
Amneal Pharmaceuticals LLC v. Almirall, LLC, Appeal No. 2020-1106 (Fed. Cir. June 4, 2020) -
In the Federal Circuit’s only precedential case this week, the Court addressed issues relating to...more
ESIP Series 2, LLC v. Puzhen Life USA, LLC, Appeal No. 2019-1659 (Fed. Cir. May 19, 2020) -
In this week’s Case of the Week, the Federal Circuit affirmed an inter partes review decision finding challenged claims obvious,...more