877 articles · page 56 of 74
Federal Circuit Summary Before Prost, Moore , and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Omitting a transition phrase between the preamble and the body of a claim does not cause terms in the preamble to limit the scope of the…
CASE OF THE WEEK GoPro, Inc. v. Contour IP Holding, LLC , Appeal Nos. 2017-1894, -1936 (Fed. Cir. Nov. 1, 2018) In its only precedential decision in the past three weeks, the Federal Circuit denied a petition for rehearing en banc and reissued its panel…
In the recent decision of Data Engine Technologies LLC v. Google LLC, the Federal Circuit may have expanded how factual questions underpin subject matter eligibility analysis under Section 101. Since the two-part eligibility analysis was established by…
Federal Circuit Summary Before Judges Reyna , Bryson, and Stoll. Appeals from the Patent Trial and Appeal Board and the United States District Court for the District of Delaware. Summary: Non-prior art evidence may be considered when evaluating the…
UCB v. Accord, Appeal no. 2016-2610 et al. (Fed. Cir., May 23, 2018) may be headed to the Supreme Court, which prompted me to take another look at this opinion. This was a decision in Hatch-Waxman litigation, in which a split Fed. Cir. panel affirmed the…
CASE OF THE WEEK Data Engine Technologies, LLC v. Google LLC , Appeal No. 2017-1135 (Fed. Cir. Oct. 9, 2018) In one of two Section 101 cases this week, the Federal Circuit affirmed-in-part, reversed-in-part, and remanded the district court’s judgment…
Federal Circuit Summary Before O’Malley, Reyna, and Hughes. Appeal from the District Court for the Northern District of California. Summary: Testing for the presence of a bacterium that causes tuberculosis and the primers used in that testing were…
Federal Circuit Summary Before Judges Reyna, Bryson, and Stoll . Appeal from the United States District Court for the District of Delaware. Summary : A claim that recites a specific method for navigating through three-dimensional electronic spreadsheets is…
CASE OF THE WEEK Natural Alternatives International, Inc. v. Iancu , Appeal No. 2017-1962 (Fed. Cir. Oct. 1, 2018) In an appeal from an inter partes reexamination, the Federal Circuit affirmed the Board’s determination that the challenged claims were…
Federal Circuit Summary Before Wallach , Linn, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary : To determine whether a mark is generic, the TTAB must first properly identify the genus of the goods at issue. The genus must be based on…
Federal Circuit Summary Before Prost , Moore, and Reyna. Appeal from the Patent Trial and Appeal Board Summary : Removing the priority claim of one application in a chain can affect the ability of pending and subsequently filed applications to claim…
Federal Circuit Summary Before Wallach, Linn and Hughes. Appeal from the United States District Court for the Southern District of New York. Summary : In determining whether to award sanctions under 28 U.S.C. § 1927, the domain of colorable claims is…
