Tag Archives: federal circuit

A Split Panel of the Federal Circuit Debates the Standards for Definiteness

By Allen Sokal on October 3, 2016 Posted in Federal Circuit, Patent

In Cox Communications, Inc. v. Sprint Communications Co. LP, Appeal No. 2016-1013 (Fed. Cir. Sept. 23, 2016), the panel, consisting of Chief Judge Prost (authoring the opinion) and Judges Newman and Bryson, unanimously reversed the district court’s summary judgment of invalidity for indefiniteness under 35 U.S.C. § 112, para. 2. But Judge Newman vigorously rejected the … Continue Reading

Federal Circuit Holds PTAB Unreasonable in Denying Motion to Amend

By Allen Sokal on September 2, 2016 Posted in Federal Circuit

In Veritas Technologies LLC v. Veeam Software Corp., Appeal No. 2015-1894 (Fed. Cir. Aug. 30, 2016), the Federal Circuit affirmed the PTAB’s conclusion of obviousness but vacated its denial of a conditional motion to amend and remanded for the PTAB to address the patentability of the substitute claims. The patent owner, Veritas, argued for a … Continue Reading

Federal Circuit Provides Guidance on Use of Common Sense in Obviousness Analysis

By Sarah Dukmen on August 15, 2016 Posted in Federal Circuit, Patent

Last week, in Arendi S.A.R.L. v. Apple, the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) finding of invalidity in an inter partes review that relied on “common sense” to supply a claim limitation that was not disclosed by the prior art. When used to support a finding of obviousness, common sense is … Continue Reading

Federal Circuit Provides Additional Guidance in Reversing Holding of Patent-Ineligibility of Biotech Invention

By Allen Sokal on July 7, 2016 Posted in Patent

Although it is not yet a bright line, the Federal Circuit has considerably decreased the fuzziness of the distinction between patent-eligible and patent-ineligible inventions, at least where the exception to 35 U.S.C. § 101 is a law of nature. In Rapid Litigation Management Ltd. v. Cellzdirect, Inc., Appeal No. 2015-1570 (Fed. Cir. July 5, 2016), the … Continue Reading

Apportioning for the Standard When Valuing Standards-Essential Patents

By Kevin Flynn on June 8, 2016 Posted in Federal Circuit, Patent

Commonwealth Scientific and Industrial Research Organisation (CSIRO), a national research organization of Australia, recently filed a petition for certiorari with the Supreme Court. CSIRO presents the following question: Is the Federal Circuit’s promulgation of rigid legal rules to control the weight to be given by the trier of fact to evidence of patent infringement damages … Continue Reading

Upcoming Federal Circuit Decision Presents Opportunity for Clarification of Patentable Subject Matter

By Brendan Clark on February 25, 2016 Posted in Federal Circuit, Patent

Since Alice,[1] consistently defining the bounds of statutory subject matter in computer arts confounds even the most experienced attorneys. E-commerce software combining visual elements of multiple parties’ websites is patent eligible,[2] but a motion-tracking system claiming inertial sensors is not.[3] While the results have cut sharply against patent holders asserting or prosecuting software properties, legal … Continue Reading