Posts Tagged: Federal Circuit


EPO Opposition Division Upholds NuCana Patent on Gilead’s Sovaldi, Highlighting Potential Flaws of CAFC Ruling in Gilead/Idenix

On April 7, 2021, the European Patent Office (EPO) Opposition Division (OD) issued a comprehensive written decision in the Opposition by Gilead Sciences, Inc. against NuCana plc’s European …
By Sherry Knowles
3 months ago 0

NYIPLA Amicus Brief in Ericsson v. Samsung Advocates the Adjudication of U.S. Patent Rights by U.S. Courts

On April 9, the New York Intellectual Property Law Association (NYIPLA) filed an amicus brief in Ericsson Inc. v. Samsung Electronics Co., Ltd., No. 2021-1565, urging a panel …

NetSoc Appeals to SCOTUS, Claiming Improper Analysis of Social Network Patent Nixed Under 101

On April 5, NetSoc LLC filed a petition for a Writ of Certiorari to the Supreme Court of the United States (SCOTUS) after losing its appeal in the …
By Matthew Schutte
3 months ago 11

Tillis, Michel and Iancu Back Ericsson in Heated International FRAND Dispute with Samsung

In the latest phase of an international dispute between Samsung Electronics and Ericsson, Senator Thom Tillis (R-NC), Judge Paul Michel and former U.S. Patent and Trademark …
By Eileen McDermott
3 months ago 2

CAFC Dismisses Apple’s Bid to Overturn PTAB Holding it Failed to Prove Qualcomm Patents Obvious

The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday dismissed two appeals filed by Apple against Final Written Decisions of the Patent Trial and …
By Eileen McDermott
4 months ago 1

Rules of Evidence Crush Wi-LAN’s Patent Infringement Claims Against Vizio and Sharp

On April 6, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the United States District Court for the District of Delaware, …
By Logan Murr
4 months ago 0

In re Stanford: Ruined by a Processor and a Memory

Computer boilerplate – such as including “a processor and a memory” in claims – is commonplace in patent applications. However, the recent case of In re Stanford shows that …
By William Morriss
4 months ago 27

Biden Announces Intent to Nominate Tiffany Cunningham to Federal Circuit

President Joe Biden today announced 11 judicial candidates – 10 for federal circuit and district court judge positions, including Tiffany Cunningham as nominee for the United States Court of Appeals …
By IPWatchdog
4 months ago 80

CAFC Again Affirms PTAB Rejection of Stanford Patent Application Claims Under Alice

Two weeks after affirming the Patent Trial and Appeal Board’s (PTAB’s) decision to reject Leland Stanford Junior University’s (Stanford) claims drawn to abstract mathematical …
By Matthew Schutte
4 months ago 6

Federal Circuit Upholds Attorneys’ Fees Award, Grants Appellate Fees and Double Costs in Cheekd Dating App Case

In 2019, IPWatchdog reported on Lori Cheek, an independent inventor and founder of the dating service, Cheekd, who has spent the last several years defending herself against accusations …
By Eileen McDermott
4 months ago 4

Fourth Circuit Finds ‘Pretzel Crisps’ Plaintiffs are Not Bound to Federal Circuit Across Appeals from Distinct TTAB Decisions

On March 17, the U.S. Court of Appeals for the Fourth Circuit reversed and remanded a decision from the U.S. District Court for the Western District …
By Nancy Braman
4 months ago 0

How to Choose the Next Federal Circuit Judge: Stick with Experience

The Court of Appeals for the Federal Circuit, the nation's patent court, is at a crossroad. Today, unlike in earlier decades, nearly all its cases are patent-related, …

Who Will it Be? IP Practitioners Name Their Picks for Biden CAFC Appointee Following Judge Wallach’s Retirement

U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Evan J. Wallach announced earlier this week that he will retire from active service and assume …
By IPWatchdog
4 months ago 14

Parties’ Names Should Generally be Disclosed to the Public, Says CAFC

On March 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the Middle District of Florida’s decision directing the clerk to unseal the …
By Butch Laker
4 months ago 0

CAFC Says Appellate Review of PTAB Institution Denials is Limited to ‘Extraordinary Circumstances’

On March 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) granted Janssen Pharmaceuticals’ motion to dismiss Mylan Laboratories’ appeal and denied Mylan Laboratories’ request …
By Logan Murr
4 months ago 0