News – Page 16

Feb 22

OCIPLA submits amicus brief to The United States Supreme Court in TC Heartand

OCIPLA Submits Amicus Brief To The United States Supreme Court In TC Heartland

In patent litigation, the question of whether venue is proper often turns on whether a defendant resides in the forum. The patent venue statute, 28 U.S.C. § 1400(b), provides that an “action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant... read more →

February 22, 2017
staff
Amicus Briefs, Patent

Oct 05

The Federal Circuit May Not Review An Unappealed Claim Construction

In Apple Inc. v. Samsung Electronics Co., Ltd. [En Banc Opinion], Appeal Nos. 2015-1171, 2015-1195, 2015-1994, the Federal Circuit vacated the panel decision, reinstated Apple’s $120 million jury verdict, and remanded the willfulness issue for consideration under the Halo standard. At the district court, a jury awarded Apple nearly $120... read more →

Oct 04

Methods Of Circuit Design That Could Be Performed Mentally Were Invalid Under §101

In Synopsis, Inc. v. Mentor Graphics Corp., Appeal No. 2015-1599, the claims reciting a method related to circuit design were invalid under 35 U.S.C. § 101. The asserted method claims recite translating a functional description of a logic circuit (e.g., software code) into a hardware component description of the logic... read more →

Oct 04

Defendant Failed To Prove That The Ordinary Meaning Was Inapplicable

In Massachusetts Institute of Technology v. Shire Pharmaceuticals, Inc., Appeal No. 2015-1881, the Federal Circuit affirmed the district court’s conclusion that a clear and unmistakable prosecution disclaimer had not occurred during prosecution of a parent application and also affirmed that the term “three-dimensional” was not indefinite. MIT sued Shire... read more →

Oct 03

Prosecution And Specification Disclaimer Narrowed Claim Scope

In Poly-America, L.P. v. API Industries, Inc., Appeal No. 2016-1200, the Federal Circuit affirmed a narrow claim construction based on a “clear and unequivocal” disavowal of claim scope in the specification and prosecution history. Poly-America sued API for infringing its drawstring trash bag patent. The entry of judgment turned, in... read more →

Oct 02

Fraud-Detection Patent Claimed Patent-Ineligible Subject Matter

In FairWarning IP, LLC v. Iatric Systems, Inc., Appeal No. 2015-1985, the Federal Circuit affirmed the district court’s holding that FairWarning’s patent claimed patent-ineligible subject matter under 35 U.S.C. § 101. FairWarning sued Iatric Systems asserting its patent titled “System and Method of Fraud and Misuse Detection.” Specifically, the patent... read more →

Oct 01

Oral Inhalation of Influenza Drug Ruled Obvious In View Of Nasal Inhalation

In In Re: Constantin Efthymiopoulos, Appeal No. 2016-1003, the Federal Circuit affirmed the Patent Trial and Appeal Board’s decision affirming the Examiner’s rejection of all pending claims as obvious. Applicant applied for a patent directed to methods of treating influenza by administering the drug zanamivir through oral inhalation. The Examiner... read more →

October 1, 2016
staff
Federal Circuit Summary

Oct 01

The PTAB’s Reconsideration Of Its Institution Decision Is Unreviewable

In Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., Appeal Nos. 2015-1977, 2015-1986, 2015-1987, the Federal Circuit ruled that a Patent Trial and Appeal Board determination to vacate an institution decision and terminate IPR proceedings is not reviewable under 35 U.S.C. § 314(d), consistent with the Supreme Court’s decision in Cuozzo... read more →

October 1, 2016
staff
Federal Circuit Summary