877 articles · page 65 of 74
Federal Circuit Summary Before Moore, Taranto, and Stoll . Appeal from the Patent Trial and Appeal Board. Summary : In a product-by-process claim, terms that can be equally understood as structural or process limitations should generally be construed as…
Federal Circuit Summary Before Moore , Mayer , and Hughes . Appeal from U.S. District Court for the Western District of Texas. Summary : The Federal Circuit lacked jurisdiction over a Walker-Process antitrust claim because patent law was not a necessary…
Federal Circuit Summary Before Dyk, Wallach, and Hughes . Appeal from the United States District Court for the District of Delaware. Summary : A distribution agreement qualifies as an invalidating “offer for sale” under 35 U.S.C. § 102(b)…
Federal Circuit Summary Before Prost, Dyk and Chen. Appeal from the United States District Court for the Eastern District of Virginia. Summary : A party may not seek a declaratory judgment to obtain piecemeal adjudication of an issue that would not resolve…
Welcome to the new look of Fresh from the Bench, Schwabe’s weekly roundup of precedential intellectual property decisions from the Court of Appeals for the Federal Circuit. We are pleased to take over the editor responsibilities from Pete Heuser, who…
Core Wireless v. LG affirms the denial of summary judgment as to unpatentable subject matter, ruling that the asserted claims are directed to an improved user interface for computing devices, not to the abstract idea of an index. In MaxLinear v. CF CRESPE…
Federal Circuit Summary Before Moore , O’Malley, and Wallach. Appeal from the Eastern District of Texas (Judge Gilstrap). Summary : Claims directed to summarizing and presenting information on display interfaces for electronic devices are patent…
Federal Circuit Summary Before Dyk , Schall, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary : Final written decisions by an administrative tribunal invalidating a patent can have a preclusive effect. MaxLinear filed an IPR petition on…
Federal Circuit Summary Before Prost , Renya, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : A patent owner cannot retroactively bring a continuation-in-part patent within the scope of § 121 during reexamination by removing the…
Under U.S. law, inventors own patent rights to their inventions unless and until they transfer such rights to another. Earlier this month, the Federal Circuit issued a decision in Advanced Video Technologies v. HTC Corp. in which a co-inventor refused to…
In the sole precedential patent case decided this week, Flexuspine v. Globus , the Circuit affirms rulings of the district court relating to verdict forms where the verdict form included a “stop” instruction in the event the jury found there to…
The Supreme Court is taking another patent case, granting certiorari in WesternGeco v. Ion . A divided panel of the Circuit had ruled that the plaintiff was not entitled to lost profits as a result of the sale of components of a patented invention from the…
