News & Analysis as of

CAFC Vacated

A&O Shearman

Federal Circuit Vacates $300 Million Damages Award Due To Flawed Verdict Form

A&O Shearman on

On June 16, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) vacated a $300 million damages award because the district court used a flawed verdict form, which included only a single, blanket question as to...more

Knobbe Martens

A Question for Everyone: Juries Must Determine Infringement on a Patent-By-Patent Basis

Knobbe Martens on

OPTIS CELLULAR TECHNOLOGY, LLC v. APPLE INC. - Before Prost, Reyna, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Patent plaintiffs have a right to a unanimous verdict on each...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Vacates Jury Verdict and Damages for Multiple Errors

On June 16, in Optis Cellular Technology v. Apple Inc., the Federal Circuit issued a decision reversing the district court on multiple grounds, including § 101 patent eligibility and trial procedure, in vacating infringement...more

McDermott Will & Emery

Impermissible Convoyed Sales Wash Away Damages Award

The US Court of Appeals for the Federal Circuit affirmed a district court’s finding of infringement but vacated its damages award because the award improperly included auxiliary products lacking any functional relationship to...more

McDermott Will & Emery

The Clear and Unmistakable Standard for Applying Prosecution Disclaimer

The US Court of Appeals for the Federal Circuit found that a district court misconstrued claim terms based on a misapplication of the clear and unequivocal disavowal standard and vacated its noninfringement decision. Maquet...more

Goodwin

The Court of Appeals for the Federal Circuit’s In Re Riggs Decision: 35 USC 102(e) Prior Art Requires Written Description Support...

Goodwin on

On March 24, 2025, the US Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision titled In Re: Riggs (the Riggs decision) that vacated a decision of the Patent Trial and Appeal Board (PTAB) of the US...more

White & Case LLP

On Remand, US Court of International Trade Again Rejects Transaction-Value Calculation Based on “First Sale” Prices Involving...

White & Case LLP on

A recent (February 9, 2023) US Court of International Trade ("CIT") remand opinion, Meyer Corp., US v. United States, has revived various global supply-chain apprehensions that a previous (August 11, 2022) reversal by the US...more

White & Case LLP

US Court of Appeals for Federal Circuit Vacates US Court of International Trade Decision That Would Have Let Customs Reject...

White & Case LLP on

A recent (August 11, 2022) US Court of Appeals for the Federal Circuit ("CAFC") opinion, Meyer Corp., US v. United States,1 has relieved many concerns that a previous decision by the US Court of International Trade ("CIT")...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Judge Newman Dissents from the Federal Circuit in New Vision Gaming, Argues “Threshold Issue” of Forum-Selection Clause Must be...

Earlier this month, in the precedential decision  New Vision Gaming & Development, Inc. v. SG Gaming, Inc., FKA Bally Gaming, Inc., the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded a decision by...more

WilmerHale

CAFC Patent Cases - February 2021

WilmerHale on

Precedential Federal Circuit Opinions - M & K HOLDINGS, INC. v. SAMSUNG ELECTRONICS CO., LTD. [OPINION] (2020-1160, 2/1/2021) (Moore, Bryson, Chen) Bryson, J. Affirming PTAB decision that references qualified as prior...more

Foley & Lardner LLP

CAFC Vacates USPTO Single Reference Obviousness Rejection For Inadequate Showing Of Expectation of Success

Foley & Lardner LLP on

In a split decision with Judge Lourie dissenting, the Federal Circuit vacated an obviousness rejection that had been affirmed in an ex parte appeal to the USPTO Patent Trial and Appeal Board. The decision was rendered in In...more

Foley & Lardner LLP

CAFC Finds Cryopreservation Method Patent Eligible

Foley & Lardner LLP on

The Federal Circuit ruled that the cryopreservation methods at issue in Rapid Litigation Mgmt. Ltd. v. CellzDirect Inc., are patent eligible under 35 USC § 101. It therefore vacated and remanded the decision of the U.S....more

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