Fed Circuit Watch: PTAB Decisions Questioned in Light of SAS and Aqua Products
On June 19, 2018, the Court of Appeals for the Federal Circuit issued Sirona Dental Systs. GmbH v. Institut Straumann AG. The case is important because two other recent court decisions – SAS and...
Fed Circuit Watch: No Challenge to Partial Institution Raises No SAS Issue
On June 7, 2018, the Court of Appeals for Federal Circuit handed down PGS Geophysical AS v. Iancu, which has a tangential relationship to the WesternGeco LLC, of the recent WesternGeco LLC v. ION...
SCOTUS Watch: Supreme Court Vacates CBM Scope Definition
On May 14, 2018, the U.S. Supreme Court granted PNC Bank National Assoc.’s petition for writ of certiorari and vacated the Fed Circuit’s ruling limiting the scope of a covered business method (CBM),...
Fed Circuit Watch: No Overlap Required for Prima Facie Obviousness Between Claimed & Prior Art Ranges
On March 27, 2018, the Court of Appeals for the Federal Circuit ruled in In re Brandt, which is just another case in a long line of cases dealing with ranges and obviousness under 35 U.S.C. §103....
Fed Circuit Watch: Common Sense Cannot Replace Evidentiary Support
On March 23, 2018, the Court of Appeals for the Federal Circuit handed down DSS Techs. Mgmt., Inc. v. Apple Inc., reversing two IPR decisions in Apple’s favor on a DSS-owned patent which the PTAB...
Fed Circuit Watch: Well-Prepared Lexicography Dooms Claim Term as Obvious
This, unfortunately, was a bad week for Steuben Foods, Inc., since this is the second case it lost at the Federal Circuit against the same adversary, Nestlé Foods. This time, in Nestle USA, Inc. v....
Fed Circuit Watch: Google Upends Patent Troll’s Claims as Obvious
This is the third recent precedential case issued by the Court of Appeals for the Federal Circuit in January that disposed of patent claims as obvious. This case is noteworthy because the losing...
Fed Circuit Watch: Motion-Tracking Patent Beats Obviousness Finding
This is the second of a trio of recent Federal Circuit precedential cases that have dealt with the law of obviousness that we will review for this blog. Here, in Elbit Systems of America, LLC v....
Fed Circuit Watch: Who Let the Cat Out? Faulty USPTO Obviousness Analysis
On February 9, 2018, the Court of Appeals for the Federal Circuit handed down Polaris Indus., Inc. v. Arctic Cat, Inc., where a Fed Circuit panel criticized the invalidation of all 38 claims of...
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