Fed Circuit Watch: Patent Troll Thwarts Google’s Assertion of Claim Preclusion
On March 12, 2018, the Court of Appeals for the Federal Circuit delivered a ruling that will stymie Google’s efforts to shake off a pesky serial patent litigator deemed a “patent troll” by the tech...
Fed Circuit Watch: PTAB Not Bound by Fed Circuit Precedent
On March 1, 2018, in a fairly convoluted and highly fractured decision, the Court of Appeals for the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) was not bound to collateral...
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: Still Another §101 Decision Signals Sea Change
On February 14, 2018, the Court of Appeals for the Federal Circuit handed down Aatrix Software, Inc. v. Green Shades Software, Inc., which signals a possible sea change in the §101 patent-eligibility...
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...
Fed Circuit Watch: Another §101 Decision, Different Rationale, May Signal Future Changes to Patent-Eligibility Analysis
As of February 14, 2018, at last count, there have been six substantive opinions rendered by the Court of Appeals for the Federal Circuit relating to 35 U.S.C. §101, creating an unusually large body...
Fed Circuit Watch: Distribution Agreement Is Offer for Sale for On-Sale Bar Analysis
On February 6, 2018, an interesting ruling was handed down by the Court of Appeals for the Federal Circuit. In The Medicines Co. v. Hospira, Inc., the Fed Circuit held that a distribution agreement...
IP Practicum: Failure to Check Box on USPTO Form Can Affect Patent Term
On February 6, 2018, the Court of Appeals for the Federal Circuit ruled in Actelion Pharm., Ltd. v. Matal. This case deals with the sometimes mundane aspects of filling out the proper forms required...
Fed Circuit Watch: Pre-Institution Disclaimer Creates Estoppel for Patent Owner
On January 24, 2018, the Court of Appeals for the Federal Circuit ruled on Arthrex, Inc. v. Smith & Nephew, Inc., holding that the patent owner’s pre-IPR-institution statutory disclaimer resulting in...
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