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Fed Circuit Watch: IPRs Not Unconstitutional Taking Under Fifth Amendment

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Many cases have been heard before the Court of Appeals for the Federal Circuit dealing with substantive patent issues, like questions involving anticipation under 35 U.S.C. §102, obviousness under 35...

Fed Circuit Watch: Issued Patents are Presumptively Valid and Patent-Eligible

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On June 25, 2019, the Court of Appeals for the Federal Circuit handed down CellSpin Soft, Inc. v. Fitbit, Inc., in what is an important case dealing with patent-eligibility under 35 U.S.C. §101,...

Fed Circuit Watch: No State Sovereign Immunity in IPR

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Source: U.S. Patent No. 5,859,601, Jan. 12, 1999, to Jaekyun Moon & Barrett J. Brickner (inventors); Regents of the University of Minnesota (assignee) On June 14, 2019, the Court of Appeals for the...

Fed Circuit Watch: EV Battery Claims Found Patent-Ineligible

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What had opened with a promise of clarity for patent subject matter eligibility under 35 U.S.C. §101 took a detour with the ChargePoint, Inc. v. SemaConnect, Inc., decision issued on March 28 2019,...

Fed Circuit Watch: Treatment Method Claims Found Patent-Eligible

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The third treatment method case in the last year that was challenged as patent-ineligible subject matter under 35 U.S.C. §101 has been found eligible by the Court of Appeals for the Federal Circuit,...

Fed Circuit Watch: Cat’s Out of the Bag: Continuous Reduction to Practice is Reasonable Diligence

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Arctic Cat Inc. has been involved in a few patent-related cases in recent years, including one case from 2018 which we discussed on this blog dealing with the law of obviousness’s motivation to...

Fed Circuit Watch: Network Intrusion Claims Found Patent-Eligible

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On March 20, 2019, the Court of Appeals for the Federal Circuit ruled in SRI Int’l, Inc. v. Cisco Sys., Inc., in which claims directed to network intrusion were found patent-eligible under 35 U.S.C....

Fed Circuit Watch: Dietary Supplement Claims Found Patent-Eligible

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In its second patent-eligibility ruling in a few weeks, the Court of Appeals for the Federal Circuit decided Natural Alts. Int’l, Inc. v. Creative Compounds, LLC, on March 15, 2019, in which it found...

Fed Circuit Watch: No Standing to Appeal When Biosimilar Product Withdrawn

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Sometimes substantive patent issues are never dealt with in cases, but rather dispositive issues are handled by procedural mechanisms. One case in point is Momenta Pharms., Inc. v. Bristol-Myers...

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