877 articles · page 64 of 74
In two recent cases, the Federal Circuit addressed the role of factual questions in resolving patent eligibility under 35 U.S.C. § 101. The first case was Berkh eimer v. HP Inc. and the second was Aatrix Software v. Gree n Shades Software.[1] These…
Federal Circuit Summary Before Lourie , Reyna, and Chen. Appeal from the U.S. District Court for the Eastern District of Texas, Judge J. Rodney Gilstrap. Summary : Filing a terminal disclaimer to overcome an obviousness-type double patenting rejection is…
Ottah v. Fiat Chrysler , Appeal No. 2017-1842 (March 7, 2018) In Ottah v. Fiat Chrysler , the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement as to certain defendants, and affirmed its Rule 12(b)(6) dismissal…
Federal Circuit Summary Before Newman , Hughes, and Stoll. Appeal from U.S. District Court for the Southern District of New York. Summary : General disclosures in the specification and statements that describe the embodiments as non-limiting do not broaden…
Nalco Co. v. Chem-Mod, LLC , Appeal No. 17-1036 (Fed. Cir. Feb. 27, 2018) In Nalco Company v. Chem-Mod, LLC , the Federal Circuit reviewed the district court’s decision to dismiss Nalco Company’s complaint for failure to state a claim upon…
Federal Circuit Summary Before Moore, Schall, and O’Malley . Appeal from the Northern District of Illinois. Summary : A plaintiff need not prove its case of patent infringement at the pleading stage. To the extent a defendant disputes the pleaded…
CASE OF THE WEEK Arendi S.A.R.L. v. Google LLC, Appeal No. 2016-1249 (Fed. Cir. Feb. 20, 2018) In Arendi S.A.R.L. v. Google LLC, the Federal Circuit upheld the Patent Trial and Appeal Board’s (PTAB) obviousness determination following inter partes…
Federal Circuit Summary Before Moore , Reyna, and Taranto. Appeal from the District Court for the Middle District of Florida. Summary : Allegations in the complaint about how the claimed invention solved problems in the prior art can present factual…
Federal Circuit Summary In Medicines Co. v. Hospira, Inc., 2014-1469; 2014-1504 (Dyk, Wallach, Hughes), the Federal Circuit affirmed the district court’s finding of non-infringement but reversed the district court’s determination that an…
CASE OF THE WEEK Berkheimer v. HP Inc. , Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) In Berkheimer v. HP Inc. , the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as ineligible…
Federal Circuit Summary Before Taranto, Clevenger, and Stoll . Appeal from the United States District Court for the District of Delaware. Summary : Proceeding to trial despite a party’s violation of a discovery order was not an abuse of discretion…
Federal Circuit Summary Before Moore , Taranto, and Stoll. Appeal from the United States District Court for the Northern District of Illinois. Summary : (1) Terms of degree, including “minimal,” may render claims indefinite if the specification…
