877 articles · page 53 of 74
Federal Circuit Summary Before Lourie , Linn, and Taranto. Appeal from the United States District Court for the District of Arizona. Summary : Reading a process limitation into a product claim is improper where the patentee did not clearly and unmistakably…
Federal Circuit Summary Before Judge Newman, Lourie and Stoll. Appeal from the United States District Court for the District of Massachusetts. Summary : Claims reciting only conventional steps to detect a natural law, are patent-ineligible under §…
By now, once you see the claim, I would not be surprised if any of my loyal readers could not predict how it would fare at the Fed. Circuit. However, this is a worthwhile decision to review, particularly since the dissent by Judge Newman brings the…
Federal Circuit Summary Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Dissenting opinion to denial of petition for rehearing written by Reyna and joined by Newman and Lourie. Summary : The…
CASE OF THE WEEK Duncan Parking Techs., Inc. v. IPS Group, Inc. and IPS Group, Inc. v. Duncan Solutions, Inc. et al. , Appeal Nos. 2018-1205, -1360 (Fed. Cir. January 31, 2019) The Court this week provided a lengthy discussion and analysis concerning who…
Federal Circuit Summary Before Lourie , Bryson, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : A party joined to an inter partes review has the right to appeal the Board’s final written decision even if the initial petitioner…
CASE OF THE WEEK Mark A. Barry v. Medtronic, Inc. , Appeal No. 2017-2463 (Fed. Cir. Jan. 24, 2019) On Thursday, the Federal Circuit issued a significant decision affirming the district court’s rulings related to the public-use and on-sale statutory…
Federal Circuit Summary Before Lourie , Dyk and Taranto. Consolidated Appeals from the Patent Trial and Appeal Board and the Southern District of California. Summary : A person is a joint inventor of the anticipating portions of a reference for the…
Federal Circuit Summary Before Chief Judge Prost, Moore, and Taranto . Appeal from the United States District Court for the Eastern District of Texas. Summary : An invention is not “ready for patenting” to trigger a public use bar until the…
Federal Circuit Summary Before Dyk, Schall, and Reyna . Appeal from U.S. District Court for the Eastern District of Virginia. Summary : The USPTO is only authorized to reduce Patent Term Adjustment (PTA) for applicant delay equal to a period of time during…
Federal Circuit Summary Before Dyk , Taranto, and Stoll. Appeal from U.S. District Court for the District of Delaware. Summary: The Federal Circuit lacks jurisdiction to hear an appeal from a district court judgment that is non-final because it does not…
Federal Circuit Summary Before Moore , Reyna, and Chen. Appeal from the Trademark Trial and Appeal Board. Summary : The TTAB must consider Applicant’s evidence and argument as to an absence of actual confusion during the period of concurrent use of…
