877 articles · page 57 of 74
CASE OF THE WEEK Gust, Inc. v. AlphaCap Ventures, LLC, Appeal No. 2017-2414 (Fed. Cir. Sept. 28, 2018) In an appeal from a district court decision awarding fees pursuant to 28 U.S.C. § 1927, the Federal Circuit reversed. The decision makes it more…
Federal Circuit Summary Before Prost , Bryson, and O’Malley. Appeal from the United States District Court for the Western District of Wisconsin. Summary : (1) To uphold a jury verdict of infringement, evidence must support an inference that claim…
Federal Circuit Summary Before Reyna, Wallach, and Hughes . Appeal from the United States District Court for the District of Nevada Summary : District Courts have jurisdiction to hear APA challenges to the PTO’s denial of a petition for rulemaking.…
CASE OF THE WEEK Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc. , Appeal Nos. 2016-2691, 2017-1875 (Fed. Cir. Sept. 20, 2018) In a reissued, slightly altered version of a July 3, 2018 decision, the Court showed the continued…
CASE OF THE WEEK Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. , Appeal Nos. 2017-2078, -2134 (Fed. Cir. Sept. 10, 2018) The Federal Circuit affirmed the district court’s ruling following a bench trial that asserted claims of four…
Federal Circuit Summary Before O’Malley , Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : While obviousness of apparatus claims “capable of” a particular function may be shown by identifying a prior art…
Federal Circuit Summary Before O’Malley, Mayer, and Reyna . Appeal from the Patent Trial and Appeal Board. Summary : Claims may be rejected under 35 § U.S.C. 103 based on implicit disclosures of a prior art reference. Samsung and Apple filed an…
Federal Circuit Summary Before O’Malley , Reyna, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary : Courts should not give too much weight to evidence purporting to show a lack of actual confusion in an ex parte proceeding. The…
Federal Circuit Summary Before Newman, Dyk, and Taranto . Appeal from the United States District Court for the District of Delaware. Summary : Pharmaceutical patents were obvious where the claims covered species of a genus taught by the prior art, the…
CASE OF THE WEEK Worlds Inc. v. Bungie, Inc. , Appeal Nos. 2017-1481, -1546, -1583 (Fed. Cir. Sept. 7, 2018) In appeals from three inter partes reviews, the Federal Circuit vacated the PTAB’s decision invalidating three patents and remanded for…
Federal Circuit Summary Before Prost , O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : The PTAB may initially accept an IPR petitioner’s identification of real-parties-in-interest, but if and when a patent owner…
Federal Circuit Summary Before Prost, Moore , and Reyna. Appeal from the District of Delaware. Summary : Plain language claim construction will not be narrowed based on the prosecution history unless the patentee clearly and explicitly disclaims claim…
