Posts Tagged: Federal Circuit


Bobcar SCOTUS Petition Seeks Redress for Constitutional Violations Posed by Federal Circuit’s Abuse of Rule 36

On August 2, New York City-based marketing company Bobcar Media filed a petition for writ of certiorari with the U.S. Supreme Court asking the Court to consider …
By Steve Brachmann
3 months ago 4

CAFC Again Says Teva Induced Infringement on Carvedilol, Assures Holding Narrowly Applies

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday underscored its October 2020 ruling that generic company, Teva Pharmaceuticals, was liable for induced infringement …
By Eileen McDermott
3 months ago 0

CAFC Dismisses LG’s Interlocutory Appeal as Untimely

On Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC), with Judge Hughes writing for the court, dismissed defendant-appellant LG Electronics Inc. and LG …
By Butch Laker
3 months ago 0

CAFC Affirms Improper Venue Ruling in Victoria’s Secrets’ Favor

On August 3, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the Eastern District of Texas’ partial grant of Victoria’s Secret Stores LLC, …
By Matthew Schutte
3 months ago 0

CAFC Holds Bylaws Failed to ‘Effectuate Present Automatic Assignment’, Thwarting Apple’s Attempt to Dismiss Infringement Suit

On August 2, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s denial …
By Nancy Braman
3 months ago 1

Teaching Away, Commercial Success, and Blocking Patent Doctrines All Under the CAFC Spotlight

In The Chemours Company FC, LLC v. Daikin Industries, Ltd., Nos. 2020-1289, 2020-1290 (Fed. Cir. July 22, 2021) (“Chemours v. Daikin”), the Federal Circuit clarified three doctrines involved in …

Federal Circuit Nixes Appeal on Claims of Unfair Treatment by California Court in Pro Se Lawsuit Over Restrictions to Cancer Research

On July 20, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a non-precedential decision in Siegler v. Sorrento Therapeutics, Inc. in which the appellate …
By Steve Brachmann
3 months ago 0

Second CAFC Judgeship Opens as O’Malley Retirement Announced

According to U.S. Courts and as reported by IPLaw360 earlier today, U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Kathleen O’Malley announced …
By IPWatchdog
3 months ago 9

Federal Circuit: PTAB Failed to Provide Adequate Notice of Sua Sponte Claim Construction

In a precedential opinion authored by chief Judge Moore, the U.S. Court of Appeals for the Federal Circuit today vacated and remanded six Patent Trial and …
By Eileen McDermott
3 months ago 2

Thoughts on Tiffany Cunningham’s Confirmation to the CAFC

Tiffany Cunningham was confirmed to the U.S. Court of Appeals for the Federal Circuit earlier this week, making her—incredibly—the intellectual property court’s first …
By Eileen McDermott
3 months ago 50

CAFC Reverses PTAB Obviousness Finding, Clarifying Concepts of ‘Teaching Away’ and ‘Commercial Success’

The United States Court of Appeals for the Federal Circuit (CAFC) yesterday concluded that the Patent Trial and Appeal Board’s (PTAB’s) decision finding certain claims …
By La'Cee Conley
3 months ago 14

In Partial Reversal of Decision for Sony, CAFC Reiterates Patentees Need Not Prove Their Case at the Pleading Stage

On July 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in part, reversed in part, and remanded the U.S. District Court for …
By Logan Murr
3 months ago 3

On Tiffany Cunningham’s Appointment to the CAFC: An Impeccable Candidate and a Rallying Call for More Diversity in IP

On March 30, 2021, President Biden tapped Tiffany Cunningham to be the first African American to sit on the Federal Circuit. After a straightforward and speedy hearing, the Senate …
By Emer Simic
4 months ago 74

USPTO Delivers on Senators’ Request for Patent Eligibility Jurisprudence Study

In March of this year, a bipartisan group of senators asked Drew Hirshfeld, who is Performing the functions and duties of the Director of the U.S. …
By Eileen McDermott
4 months ago 11

Federal Circuit: Clear Attempts to Manipulate Venue Won’t Defeat Motions to Transfer

The U.S. Court of Appeals for the Federal Circuit (CAFC) in In re Samsung today granted Samsung’s and LG’s writs of mandamus, which sought …
By Eileen McDermott
4 months ago 2