877 articles · page 63 of 74
Federal Circuit Summary Before Newman, Lourie , and Reyna. Appeal from the United States District Court for the Northern District of Florida. Summary : Collateral estoppel does not apply to a prior decision of no invalidity under § 101, where the…
Federal Circuit Summary Before Prost, Reyna , and Wallach. Appeal from the United States District Court for the Eastern District of Arkansas. Summary : Pre-reexamination conduct cannot be a basis for equitable estoppel if the asserted claims were…
Federal Circuit Summary Before Lourie, O’Malley , and Wallach. Appeal from the United States District Court for the Northern District of Texas Summary : When a case is dismissed with prejudice for lack of standing, the defendant is the prevailing…
After Cleveland Clinic, IP practitioners were left to speculate about the fate of claims directed to methods of medical treatment. These claims seemed next in line for extinction by the Mayo/Alice rule, which I will paraphrase: “If a patent claim is…
Federal Circuit Summary Before Moore, Mayer, and Stoll . Appeal from the United States District Court for the District of New Jersey. Summary : Plain claim language will not be narrowed based on a patent’s specification unless the patentee clearly…
CASE OF THE WEEK Vanda Pharm. Inc. v. West-Ward Pharm. Int’l Ltd. et al. , Appeal Nos. 16-2707, 16-2708 (Fed. Cir. 2018)‎ In an ANDA applicant’s appeal from a bench trial judgment of validity and infringement, the Court affirmed the…
Federal Circuit Summary Before Prost, Lourie and Hughes. Appeal from the United States District Court for the District of Delaware. Summary : When another patent for a drug issues after an ANDA is filed, there can still be jurisdiction for an infringement…
CASE OF THE WEEK Oracle America, Inc. v. Google LLC , Appeal No. 2017-1118, -1202 (Fed. Cir. 2018) In an appeal from a jury trial, the Federal Circuit reversed the District Court’s decision denying Oracle’s motion for JMOL and remanded for a…
Federal Circuit Summary Before O’Malley , Plager and Taranto. Appeal from the U.S. District Court for the Northern District of California, Judge William H. Alsup. Summary : Historical findings of fact relevant to copyright fair use can be resolved by…
In re Power Integrations, Inc. , Appeal No. 17-1304 (Fed. Cir. 2018) In In re: Power Integrations, Inc. , the Federal Circuit reversed the Patent Trial and ‎Appeal Board’s (PTAB) rejection of a patent as anticipated . Fairchild Semiconductor…
CASE OF THE WEEK SimpleAir, Inc. v. Google LLC , Appeal No. 2016-2738 (Fed. Cir. 2018) In SimpleAir, Inc. v Google LLC , the Federal Circuit vacated a district court’s motion to dismiss pursuant to Rule 12(b)(6). The District Court had held that…
I will start out by recommending that you read all of MPEP 2106 – Patent Subject Matter Eligibility . I rarely admire PTO policy rules and guidelines, but this section reflects a lot of work, particularly in the standards for evaluating whether or…
