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Mandamus Denied but Jurisdictional Door Left Open a Crack

The US Court of Appeals for the Federal Circuit denied a patent owner’s writ of mandamus seeking to prevent a defendant from amending its answer to add an affirmative licensing defense, but also noted that the defense was...more

Sound the Alarm: Reasonable Royalty Apportionment Analysis Overlooks “Sleep State”

After a jury found infringement of two patents and awarded almost $2.2 billion in damages, the US Court of Appeals for the Federal Circuit reversed the infringement finding for one asserted patent, vacated the damages award...more

The Best Option Is Obviously Not the Only Option

Following a jury verdict finding infringement of two patents and awarding $2.2 billion, the Patent Trial & Appeal Board issued a final written decision finding all claims in one of the asserted patents invalid. The Board...more

Failing to Address All Reasons for Noninfringement Renders Appeal Moot

In deciding whether the district court correctly interpreted various claim terms in four patents related to communication techniques used in computer gaming technology, the US Court of Appeals for the Federal Circuit found...more

2G or Not 2G: Patent License Applies to Future Generation Wireless Networks

In interpreting a patent license agreement originally drafted in the era of third generation (3G) cellular networks, the US Court of Appeals for the Federal Circuit found that the license agreement covered subsequent wireless...more

Jetting along the Thin Line between Appellate Standing and Admitting Infringement

The US Court of Appeals for the Federal Circuit found that an inter partes review (IPR) petitioner that had not been accused of infringement had standing to appeal a final decision in an IPR because the petitioner alleged...more

Can’t Have Layered Architecture Cake and Eat It Too: No Importing Limitations from Specification in § 101 Analysis

Addressing both the availability of appeal in the absence of a Rule 50(b) motion and the appropriateness of importing limitations from the specification in a 35 USC § 101 analysis, the US Court of Appeals for the Federal...more

Is Invention “Directed to” an Abstract Idea? Look to the Specification

Addressing the various factors a court may consider in order to determine whether a claim is “directed to” an abstract idea, the US Court of Appeals for the Federal Circuit upheld the district court’s dismissal of all claims...more

OSI Layers Take the Cake – Plain Language Outweighs Prosecution History Disavowal

Addressing whether arguments made during prosecution serve to disavow the plain meaning of certain claim terms, the US Court of Appeals for the Federal Circuit reversed the district court’s claim construction, finding that...more

FastShip or Slow Boat? Patents Expired Before Ship “Manufactured”

Addressing for the first time the meaning of “manufactured” for the purposes of 28 USC § 1498, the US Court of Appeals for the Federal Circuit affirmed the US Court of Federal Claims’ interpretation of “manufactured” as being...more

8/1/2018  /  Appeals , Patent Infringement , Patents

Spinal Brace Complaint Needs Little Support to Withstand Iqbal and Twombly

Addressing the minimum pleading requirements of Twombly and Iqbal, the US Court of Appeals for the Federal Circuit reversed a district court’s finding that a plaintiff’s eight-page complaint failed to state a claim on which...more

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