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In Genband US LLC v. Metaswitch Networks Corp., [2017-1148] (July 1-, 2017), the Federal Circuit vacated the denial of a permanent injunction and remanded for reconsideration. The jury found U.S. Patent Nos. 6,772,210; 6,791,971; 6,885,658; 6,934,279;…
Ariosa was a decision that essentially held that the novel discovery of a naturally-occurring phenomenon could not per se meet the Mayo/Alice requirement for an inventive concept, even though it was of “groundbreaking importance” in advancing…
Written by Damien Howard and Lincoln S. Essig In a non-precedential opinion, the Federal Circuit affirmed the district court’s ruling that the claims at issue in Easyweb Innovations, LLC. v. Twitter, Inc. (“Easyweb”) were directed to…
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. In Nantkwest , the Circuit reverses a district court decision that had rejected the PTO’s position that applicants who appeal a district court ruling must pay the PTO’s legal bills…
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. In EmeraChem v Volkswagen the Circuit reverses a determination of obviousness because the ‎Board did not provide the patentee with an adequate opportunity to address a prior art reference…
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. In NexLearn the Circuit affirmed the dismissal of a patent infringement case for lack of personal jurisdiction even though a software provider had, among other things, offered a potential…
On Friday, in Cleveland Clinic Foundation v. True Health Diagnostics, Appeal no. 2016-1766 (Fed. Cir., June 16, 2017) , a Fed. Cir. panels of Judges Lourie, Reyna and Wallach (Reyna writing) held that claims to a method of assessing a test subject’s…
In Rothschild Connected Devices Innovations, LLC v. Guardian Protection Services, Inc., [2016-2521] (June 5, 2017), the Federal Circuit reversed and remanded the determination that Appellee Rothschild Connected Devices Innovations, LLC had not engaged in…
Written by Peter Heuser, Schwabe, Williamson & Wyatt, P.C. The big news this week (and it is particularly big news in Tyler and Marshall, Texas) is that the ‎Supreme Court rules that a defendant “resides” for purposes of the patent venue…
Written by Scott Forbes and Bryan McWhorter The Federal Circuit recently held in RecogniCorp, LLC v. Nintendo Co., Ltd. (Fed. Cir. 2016) that claims directed to encoding and decoding image data were not patent-eligible under 35 U.S.C. § 101. This…
LED colossus Nichia (the world’s largest supplier of LEDs) accused Everlight of infringing three patents relating to tiny LEDs used in LCD backlights, video displays, automobiles, an general lighting: U.S. Patent No. 8,530,250 , entitled “Light…
In In re Affinity Labs of Texas, LLC, [2016-1173] (May 5, 2017), the Federal Circuit affirmed the Board’s decision that §317(b) did not bar the reexamination and that the reexamined claims were invalid. Affinity sued Apple for infringement of…
