#federal-circuit

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#patent-law
Law
fromPatently-O
1 week ago

Federal Circuit Expands Prosecution History Estoppel to Simple Claim Cancellations in Colibri Heart Valve

Prosecution history estoppel limits the doctrine of equivalents by barring infringement claims based on broad claim cancellations during prosecution.
#design-patents
Law
fromPatently-O
2 weeks ago

The Narrow Semantic Line on AAPA: Federal Circuit's Latest Take in Shockwave

The Federal Circuit defines 'basis' in inter partes review proceedings, impacting the use of applicant-admitted-prior-art.
#patent-eligibility
#uspto
fromPatently-O
3 weeks ago
US politics

Motorola Follows SAP with Mandamus Challenge to Acting Director Stewart's IPR Policy Reversal

fromPatently-O
3 weeks ago
US politics

Motorola Follows SAP with Mandamus Challenge to Acting Director Stewart's IPR Policy Reversal

#patent-infringement
Intellectual property law
fromPatently-O
1 month ago

The $1 Million Bounty Clause and Unreviewable Sanctions Order

The Realtek decision reveals a jurisdictional gap in ITC appeals concerning sanctions.
Lack of jurisdiction prevents appellate review of potentially improper litigation financing arrangements.
Intellectual property law
fromPatently-O
1 month ago

Federal Circuit Vacates $300 Million Jury Verdict on Multiple Grounds

The Federal Circuit vacated a $300 million judgment against Apple due to multiple reversible errors in the Eastern District of Texas.
fromPatently-O
1 month ago

The Federal Circuit's Shifting Political Balance

The Federal Circuit’s response so far has been as a collective institution-proceeding en banc from the outset and issuing unanimous per curiam orders-reflects institutional awareness of political vulnerabilities.
US politics
#trump-tariffs
US politics
fromABC7 Los Angeles
2 months ago

Appeals court delays ruling that blocked Trump's tariffs

The federal appeals court has temporarily delayed a decision blocking Trump's tariffs while it reviews the administration's appeal.
US politics
fromPatently-O
1 month ago

The Federal Circuit and the Trump Tariff En Banc Ruling

The Federal Circuit has allowed Trump's tariffs to remain while it reviews critical constitutional questions regarding their implementation.
fromPatently-O
1 month ago

Federal Circuit Decisions - 2024 Stats and Datapack

The Federal Circuit saw a 20% increase in district court-originated decisions in 2024, despite a decline in PTO-originated decisions.
fromIPWatchdog.com | Patents & Intellectual Property Law
2 months ago

Other Barks & Bites for Friday, May 23: TTAB Properly Applies Lexmark's Zone-of-Interests Test; PTAB Reversed on Claim Construction of X-Ray Patent; and ALI Members Approve Copyright Restatement

Xiaomi launches a new electric SUV to compete with Tesla's Model Y.
Federal Circuit reverses PTAB ruling on patent claims related to X-ray technology.
fromPatently-O
2 months ago

Federal Circuit Confronts "Divide and Conquer" Briefing Strategy in Patent Appeal

Federal Circuit judges confronted appellants for trying to bypass word count limits in their legal briefs.
#patents
fromIntellectual Property Law Blog
2 months ago
Intellectual property law

Federal Circuit Provides Clarity on Use of Applicant Admitted Prior Art ("AAPA") in IPRs

The Federal Circuit reversed the PTAB's ruling, stating Qualcomm's patent claims are not unpatentable based on AAPA.
fromPatently-O
2 months ago
Intellectual property law

Clinical Trials Get a Legal Shield: Federal Circuit Reverses Pharma Patent Injunction

The Federal Circuit limits injunctive relief for patent infringement regarding pharmaceutical trials under the Hatch-Waxman Act's safe harbor.
Intellectual property law
fromPatently-O
2 months ago

Clinical Trials Get a Legal Shield: Federal Circuit Reverses Pharma Patent Injunction

The Federal Circuit limits injunctive relief for patent infringement regarding pharmaceutical trials under the Hatch-Waxman Act's safe harbor.
#intellectual-property
#trademark-law
Intellectual property law
fromPatently-O
3 months ago

Color Mark Denial on Dark Green Medical Gloves

The Supreme Court permits colors as trademarks, but their distinctiveness remains a challenge.
The Federal Circuit rejected a trademark claim for the dark green gloves due to their commonality.
fromPatently-O
2 months ago

Throwing Out the Jury: How the Federal Circuit's 'Particularized Testimony' Rule Further Threatens the Doctrine of Equivalents

The Supreme Court is being petitioned to reconsider the rigidity of the doctrine of equivalents established by the Federal Circuit.
#ipr
Intellectual property law
fromPatently-O
3 months ago

By all Means: When Software Functions Lack Correspnding Structure

The Federal Circuit upheld the invalidation of Fintiv's software patents due to indefinite claim terms lacking proper structural definitions.
fromPatently-O
3 months ago

Federal Circuit Affirms: Rule 60(b) Motion Filed Too Late to Revive Patent Case

Timeliness is critical in legal motions; waiting too long can preclude relief.
fromPatently-O
3 months ago

The Hughes-Reyna Divide Continues: Dongkuk v. US

This reaffirmation by the Federal Circuit highlights the ongoing division between Judges Hughes and Reyna, which has been evident in multiple cases regarding trade law.
Social justice
fromPatently-O
3 months ago

"Do it on AI" claims are Abstract Ideas

The Federal Circuit's decision underscores that merely applying generic machine learning techniques without improvements to the models themselves does not qualify for patent eligibility.
Intellectual property law
fromPatently-O
3 months ago

When Five Years of Use Isn't Enough: The High Bar for Highly Descriptive Marks

In the case of Heritage Alliance, the Federal Circuit upheld the TTAB's decision, stating that the terms 'iVoterGuide' and 'iVoterGuide.com' were deemed highly descriptive and did not achieve distinctiveness.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
3 months ago

Federal Circuit Issues Precedential Order Denying Mandamus Relief for SAP, Despite District Court Errors

The Federal Circuit panel indicated that the district court imposed an unjustifiably high standard on SAP in regard to specifying trial witnesses, though SAP's neutrality claim was upheld.
Intellectual property law
Intellectual property law
fromPatently-O
3 months ago

Federal Circuit on Trade Secret Remedies in AMS-OSRAM v. Renesas

The Federal Circuit provided key clarifications on trade secret law damages, impacting how courts may award remedies.
The proper accessibility of a trade secret is determined by potential reverse-engineering opportunities, influencing damage calculations.
Law
fromPatently-O
4 months ago

En Banc: Lesko v. US and the Future of Agency Deference Post-Loper Bright

The en banc review in Lesko v. United States may redefine the scope of agency power in interpreting overtime pay laws.
fromPatently-O
4 months ago

Tax Victory for Generic Drug Companies: Federal Circuit Affirms ANDA Litigation Expenses are Deductible

Generic pharmaceutical companies can now deduct legal expenses from patent litigation as ordinary business expenses.
fromPatently-O
4 months ago

Narrowly Broad: The Federal Circuit's Improper Expansion of Unreviewable Agency Discretion

Realtek claimed that DivX's change in infringement theory constituted a material alteration that was improperly timed, thereby wasting resources and misrepresenting true allegations during the case.
Law
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