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Federal Circuit Summary Summary: Even if a patentee’s initial complaint was reasonable, the patentee can be liable for attorney fees under 35 U.S.C. § 285 if it does not reassess the merits of its case in view of new controlling law. In December…
Arctic Cat v. Bombardier deals with obviousness, patent marking, reasonable royalties, willfulness and enhanced damages. The panel affirms all of the district court’s rulings other than as to patent marking, which it remands for the district court to…
Federal Circuit Summary Before Moore, Plager, and Stoll. Appeal from the United States District Court for the Southern District of Florida. Summary: In challenging compliance with the marking requirement of § 287(a), an accused infringer need only…
I am going to try to summarize the Fed. Cir.’s holding and reasoning in Promega Corp. v. Life Tech Corp., Appeal No. 2013-1011 et al. (Fed. Cir., November 13, 2017) , without burying you in the procedural details, but it won’t be easy. In…
Last week, in BASF v. Johnson Matthey, the Federal Circuit addressed the issue of whether the phrase “effective to catalyze” rendered claims indefinite under 35 U.S.C. §112. Given the prevalence of “effective” language in U.S.…
We do not usually report on district court cases, but the Columbia Sportswear v. Seirus design patent case handled by our firm is particularly interesting, given the award of all of defendant’s profits, and the district court’s recent grant of…
Federal Circuit Summaries Before PROST, WALLACH, and TARANTO. Appeal from the District of Delaware Summary: (1) A party may not avoid inducement based on “substantial non-infringing uses,” and (2) prosecution history estoppel does not apply to…
. In the Micron Tech case, the Circuit rules that TC Heartland changed the law on patent venue such that Micron’s argument of improper venue is now much easier to present than it would have been at an earlier point in the case. This will permit…
On October 16, 2017, the Federal Circuit affirmed the district court’s ruling that the claims in Secured Mail Solutions LLC, v. Universal Wilde, Inc . (“Secured Mail”) were directed to patent-ineligible subject matter under 35 U.S.C.…
In Sanofi v. Watson Labs. , the Circuit affirms a determination of induced infringement of one patent and direct infringement of another, thus assuring Sanofi another 12 years of exclusivity as to its Multaq® atrial fibrillation drug. Thanks to my…
In Bayer v. Watson , the panel throws out Bayer’s patent to its Staxyn erectile dysfunction drug as being obvious, noting that the district court focused too heavily on the commercial availability of the prior art. The panel also noted that potential…
User Activities vs. User-Driven, Hardware Function Every so often a decision comes out of the Federal Circuit that has immediate value for patent prosecutors . Yesterday’s decision in Mastermine Software, Inc. v. Microsoft Corp., is one such case. In…
