In an en banc decision in EcoFactor, Inc. v. Google LLC, the US Court of Appeals for the Federal Circuit concluded that the district court abused its discretion by admitting testimony from a damages expert that a lump-sum...more
5/29/2025
/ Appeals ,
Contract Terms ,
Damages ,
Daubert Standards ,
En Banc Review ,
Evidence ,
Expert Testimony ,
Expert Witness ,
License Agreements ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Rule of Evidence 702 ,
Vacated
The per curiam US Court of Appeals for the Federal Circuit denied petitioners’ requests for en banc review in the Berkheimer and Aatrix Software, Inc., cases, holding that the issue of whether a claim element is well...more
In June 2017, a panel of the US Court of Appeals for the Federal Circuit ruled that under 35 USC § 145, a court can award attorneys’ fees to the US Patent and Trademark Office (PTO), regardless of whether the applicant,...more
In its October 7 en banc decision in Apple v. Samsung, the US Court of Appeals for the Federal Circuit, without benefit of en banc briefing, issued an unusual opinion overturning a panel decision for the purpose of...more
10/12/2016
/ Appeals ,
Apple ,
Apple v Samsung ,
En Banc Review ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Prior Art ,
Samsung ,
Smartphones ,
Substantial Evidence Standard
The full US Court of Appeals for the Federal Circuit has issued an order granting en banc review of the Patent Trial and Appeal Board’s (PTAB’s or Board’s) rules governing amendments filed in the course of America Invents Act...more
9/2/2016
/ America Invents Act ,
Appeals ,
Burden of Persuasion ,
Burden of Production ,
Claim Amendments ,
En Banc Review ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Sua Sponte ,
USPTO
Addressing the application of the on-sale bar under § 102(b), the U.S. Court of Appeals for the Federal Circuit, in The Medicines Company v. Hospira, Inc., Case Nos. 14-1469; 14-1504, found that the claims of an asserted...more