This posting reviews the last IP case decided by the U.S. Supreme Court in its 2022 term. As mentioned before, the keyword among these cases is “limitation.” The consensus of the Court is that there are limitations on the breadth of particular areas of IP law. These limitations will affect the IP holder’s rights, as …
Category: patent litigation
Fed Circuit is Irritated by Renegade Judge Albright
In In re Apple Inc.,[1] the Court of Appeals for the Federal Circuit granted Apple’s petition for writ of mandamus ordering the judge presiding over its district court patent infringement case, Alan D. Albright, in the Western District of Texas, rule on its motion to transfer venue before disposition of any discovery on the merits. This …
Consolidated Appropriations Act of 2021
On December 27, 2020, the Consolidated Appropriations Act of 2021, the annual defense spending bill, was signed into law. Focused on COVID-19 relief and funding the federal government operations, there are also several IP-related authorizations approved in the bill itself. First, the Copyright Alternative in Small Claims Enforcement Act of 2020 (CASE Act) creates a …
Prosecution History Estoppel Limits Design Patent Amendments
A fascinating ruling dealing with design patents, amendments made during prosecution, and limitations on claim scope was handed down by the Court of Appeals for the Federal Circuit on September 12, 2019 in Curver Luxembourg, Sarl v. Home Expressions Inc..[1] Curver is an important piece in an otherwise scant design patent case law. Curver Luxembourg …
Limitations on State Sovereign Immunity on Venue
The issue of sovereign immunity has been raised several times in recent memory at the Court of Appeals for the Federal Circuit, including St. Regis Mohawk Tribe v. Mylan Pharms., Inc.,[1] (discussed on the blog here), and Regents of the Univ. of Minn. v. LSI Corp.,[2] (discussed here). Board of Regents of the Univ. of …
Fed Circuit Watch: Fed Circuit Declines to Expand Design Patent Law
On July 23, 2019, the Court of Appeals for the Federal Circuit publicly released an intriguing design patent ruling involving design patents covering Ford’s F-150 truck. In Automotive Body Parts Assn. v. Ford Global Techs., LLC,[1] the Fed Circuit declined to expand trademark law’s functionality doctrine to design patent law, and also declined to create …
Fed Circuit Watch: District Courts Still Have Problems with Cray Rule
On February 5, 2019, the Court of Appeals for the Federal Circuit denied a petition for writ of mandamus, with a combined petition for rehearing and/or rehearing en banc, in In re Google LLC, the writ of mandate review stems from a patent infringement suit filed by SEVEN Networks, LLC, a mobile data analytics company, …
Fed Circuit Watch: PTAB Bungles Real Party-in-Interest Analysis
On September 7, 2018, the Court of Appeals for the Federal Circuit decided Worlds Inc. v. Bungie, Inc.,[1] representing another case in the growing case law of IPRs and specifically, the time-bar application and collateral estoppel. Worlds Inc. owns U.S. Patent Nos. 7,945,856 (‘856), 8,082,501 (‘501), and 8,145,998 (‘998). All are directed to methods and …
Fed Circuit Watch: Every Limitation Required for Infringement-by-Manufacture
In FastShip, LLC v. United States,[1] the patented Littoral Combat Ship (LCS) was allegedly infringed. This case is interesting, in part because the defendant was the U.S. Government, and it is a patent infringement suit which arrived to the Court of Appeals for the Federal Circuit by way of the Court of Federal Claims (CFC). …
Fed Circuit Watch: PTAB Invalidity Collaterally Estops Assertion of Those Claims in Later Appellate Case
The Court of Appeals for the Federal Circuit waded into a convoluted case involving patents directed to X-Y chromosome sorting techniques for selective breeding in livestock. This case is XY, LLC v. Trans Ova Genetics, L.C.,[1] and the opinion was issued on May 23, 2018. Topically, the case deals with breach of contract, antitrust, and …