Collateral Estoppel Is Applicable in IPRs When the Question of Patentability Is the Same In Google LLC v. Hammond Development International, Inc. Appeal No. 21-2218, the Federal Circuit held that Google filed an IPR on Hammond’s ’816 patent, which related to and shared a specification with Hammond’s ’483 patent. The... read more →

Evidence of Actual Physician Practice Is Relevant in Determination of Direct Infringement In Genentech, Inc. v. Sandoz Inc. Appeal No. 22-1595, the Federal Circuit held that the district court did not clearly err in considering evidence of actual physician practice when determining whether a generic drug’s instructions encouraged, recommended, or... read more →

Standing Cured by Revoking an “Irrevocable” License Prior to Commencing Suit In Uniloc 2017 LLC v. Google LLC, Appeal No. 21-1498, the Federal Circuit held that  an “irrevocable” patent license could be terminated by mutual agreement and such a license was not a right that by its nature would fall... read more →

Once You’re In, You’re In: Amending Claims Addressing an Instituted Ground Allows for More Unrelated Amendments. In American National v. Sleep Number Corporation, Appeal No. 21-1321, the Federal Circuit held that once a patent owner includes at least one amendment that is responsive to an instituted unpatentability ground, the patent... read more →

A Computer Method Claim Must Improve the Functions of the Computer to Survive § 101 In International Business Machines Corp. v. Zillow Group, Inc., Appeal No. 21-2350, the Federal Circuit held that a patentee’s allegation that computer method claims made data analysis more efficient, without reference to the function or operation... read more →

Lack of Advance Notice Vacates District Court’s Orders In ABC Corporation I v. Partnership And Unincorporated Associations, Appeal No. 22-2150, the Federal Circuit held that failure to provide advance notice under Federal Rule of Civil Procedure 65(a) required vacatur of a preliminary injunction. ABC Corporation (“ABC”) asserted four design patents... read more →

The Applicant-Action (or Inaction) Exception In Gilbert P. Hyatt v. United States Patent And Trademark Office, Appeal No. 21-2324, the Federal Circuit held that for a patent application filed but not yet granted before the Uruguay Rounds Agreement Act (which changed patent terms to be 20 years from the effective... read more →

Plausible Factual Allegations Concerning Inventive Concepts Preclude Motion to Dismiss In Cooperative Entertainment, Inc. v. Kollective Technology, Inc. Appeal No. 21-2167, the Federal Circuit held that plausible allegations of an inventive concept in a complaint precluded a motion to dismiss for lack of patent eligibility because determining whether such a... read more →

New Patent Cases Filed in Waco Will Be Randomly Assigned Among Western District of Texas Courts and Divisions by Daniel L. Moffett, Andy Rosbrook & Hannah D. Price July 28, 2022 District Court, Patent Litigation, Federal Circuit In response to the recent concentration of patent cases filed in a single... read more →