877 articles · page 54 of 74
Federal Circuit Summary Before Dyk , Wallach, and Hughes. On remand from the Supreme Court. Summary: Even though the issue of the jury’s award of lost profits was still pending, a party could not reopen the issue of a reasonable royalty award based…
CASE OF THE WEEK WesternGeco LLC v. Ion Geophysical Corp. , Appeal Nos. 2013-1527, 2014-1121, -1526, -1528 (Fed. Cir. Jan. 11, 2019) In the continuing saga between WesternGeco and ION Geophysical, a Federal Circuit panel addressed lost profits on remand…
Federal Circuit Summary Before Lourie , Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : A generic pharmaceutical company had standing to appeal the Board’s decision in an IPR that claims of a patent were not obvious even…
Federal Circuit Summary Before Dyk, Taranto, Stoll . Appeal from the Patent Trial and Appeal Board. Summary: The PTAB is not required to make any finding regarding a motivation to combine two references when it concludes that a claim is invalid under…
CASE OF THE WEEK In Re: Marco Guldenaar Holding B.V. , Appeal No. 2017-2465 (Fed. Cir. Dec. 28, 2018) The Federal Circuit affirmed the final written decision of the Patent Trial and Appeal Board (“PTAB”) finding claims directed to a dice game…
CASE OF THE WEEK VirnetX Inc. v. Apple, Inc., Appeal Nos. 2017-2490, -2494 (Fed. Cir. Dec. 10, 2018) The Federal Circuit affirmed two final written decisions of the Patent Trial and Appeal Board (“PTAB”), which had found claims of one of…
Federal Circuit Summary Before Prost, Dyk and Moore . Appeal from the United States District Court for the District of Minnesota. Summary: A party’s continued, but ultimately unsuccessful, pursuit of a claim construction may not warrant…
Federal Circuit Summary Before Newman, O’Malley , and Chen. Appeal from the PTAB. Summary : Patent Owner Vertnetx Inc. (“Virnetx”) was collaterally estopped from arguing that a reference was not a printed publication because the Federal…
Federal Circuit Summary Before Newman , Wallach, and Stoll. Appeal from the District Court of the Northern District of Texas. Summary: There is no generalized rule that sending letters alleging patent infringement by themselves does not create personal…
Federal Circuit Summary Before Prost, Wallach, and Chen . Appeal from the United States District Court for the District of Delaware. Summary : A post-URAA patent that issues after but expires before a related pre-URAA patent is not a double-patenting…
CASE OF THE WEEK Jack Henry & Associates, Inc. v. Plano Encryption Technologies LLC , Appeal No. 2016-2700 (Fed. Cir. Dec. 7, 2018) On Friday, the Federal Circuit reversed a district court’s dismissal of a declaratory judgment action due to improper…
Federal Circuit Summary Before Moore, Chen , and Hughes. Appeal from the United States District Court for the District of Delaware. Summary : Obviousness-type double patenting does not invalidate an otherwise validly obtained patent term extension under 35…
