Posts Tagged: CAFC


CAFC Affirms PTAB Rejection of Stanford Haplotype Phasing Patent Claims Under Alice

On March 11, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the Patent Trial and Appeal Board (PTAB) to hold the …
By Matthew Schutte
3 months ago 21

Albright Rebuked Again by CAFC After Letting Second Transfer Motion Linger

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled on March 8 that Western District of Texas Judge Alan Albright’s failure to rule on …
By Logan Murr
3 months ago 12

CAFC Corrects District Court Claim Construction, Doctrine of Equivalents Analysis in Diaper Genie Infringement Case

On March 9, the U.S. Court of Appeals for the Federal Circuit (CAFC) vacated and reversed the U.S. District Court for the Central District of California’…
By Nancy Braman
3 months ago 0

CAFC Weighs in Again on IPR Joinder Estoppel, Affirms PTAB Holding that Uniloc Patent Claims are Obvious

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled yesterday in Uniloc v. Facebook, Inc., WhatsApp, Inc. that the “no appeal” provision of 35 U.…
By Eileen McDermott
3 months ago 0

Federal Circuit Says Army’s Broad Approval Discretion in Trademark License Is Not at Odds with Trademark Law

In an appeal from the United States Court of Federal Claims (Claims Court), the United States Court of Appeals for the Federal Circuit (CAFC) last week affirmed …
By Rebecca Tapscott
3 months ago 0

CAFC Affirms Ruling that Patent Owner Engaged in Abusive Litigation Tactics Against IBM, SAP and JP Morgan Chase

The U.S. Court of Appeals for the Federal Circuit (CAFC) on March 1 affirmed a district court’s decision that a patent owner’s “scandalous and baseless …
By Kim Jordahl
3 months ago 10

Balancing Innovation and Competition: Thomas Jefferson’s View of Obviousness for Mechanical Inventions

You cannot get a patent for an invention if it would have been obvious to a person of ordinary skill in the art at the time. This …
By John Cordani
4 months ago 21

Professors Tell SCOTUS to Correct the CAFC’s ‘Profound Misunderstanding’ in American Axle Case

In one of six amicus briefs filed this week in American Axle & Manufacturing v. Neapco Holdings, LLC—the closely-watched Section 101 patent eligibility case involving driveshaft automotive technology—…
By Eileen McDermott
4 months ago 6

Amici and Practitioners Attempt to Read the Arthrex Tea Leaves

Yesterday, the Supreme Court heard oral arguments in the most closely-watched patent case of the term, United States / Smith & Nephew v. Arthrex. IPWatchdog reached out to some …
By IPWatchdog
4 months ago 11

SCOTUS Dubs PTAB/APJ Structure a ‘Rare Bird’, Pushes for Workable Remedies in Arthrex Oral Arguments

The Justices of the U.S. Supreme Court today heard arguments in United States/ Smith & Nephew v. Arthrex, in which the Court will decide whether the administrative …
By Eileen McDermott
4 months ago 14

NYIPLA Tells SCOTUS to Scrap CAFC’s ‘Per Se’ Approach to Assignor Estoppel in Minerva v. Hologic

Minerva Surgical, Inc. petitioned the Supreme Court of the United States (SCOTUS) in September 2020 to consider the question “whether a defendant in a patent infringement action who …
By La'Cee Conley
4 months ago 0

Dyk Splits from CAFC Panel on Application of Collateral Estoppel to Inter Partes Reexaminations

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday held that the Patent Trial and Appeal Board (PTAB) incorrectly found certain claims of …
By Eileen McDermott
4 months ago 0

CAFC Reverses In-Part, Vacates In-Part PTAB Patentability Finding for Skin Cancer Detection Device

On February 18, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in an appeal by Canfield Scientific, Inc. (Canfield) from the …
By La'Cee Conley
4 months ago 0

Federal Circuit Affirms District Court Decision Blocking Poultry Chiller Patent Suit Due to Equitable Intervening Rights

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday upheld an Arkansas district court’s decision to grant Morris & Associate Inc.’s motion …
By Eileen McDermott
4 months ago 2

Getting Ready for Arthrex: What the Amici Are Saying

The U.S. Supreme Court has agreed to hear, on March 1, 2021, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.…