Federal Circuit Affirms $95 Million Verdict in E-Cigarette Patent Battle Between Altria and Reynolds
The Altria v. R.J. Reynolds decision clarifies patent damages methodology, specifically in comparable license analysis and apportionment.
From Judge Markey's Promise to Rule 36: We Do Not Just Render One-Worded Decisions
The Supreme Court has an opportunity to address the Federal Circuit's use of no-opinion affirmances in patent appeals.
Checking in With Alice Part II: Takeaways and Predictions
The Federal Circuit is limiting patent eligibility for data processing and organizational claims, indicating a harsh landscape for software technologies.
Federal Circuit Grants En Banc Rehearing in EcoFactor v. Google, Limiting Damages Expert Testimony
The Federal Circuit is reevaluating expert testimony on patent damages, a significant case impacting the patent community and damages awards.
The case could limit damages theories in patent cases, enhancing judicial control over jury-awarded damages.
Drafting for Eligibility: Insights from the Federal Circuit's Contour IP v. GoPro
Federal Circuit reversed summary judgment of patent ineligibility in Contour IP v. GoPro, emphasizing the need for technological improvements in patent claims.
Diamond in the Rough: Can a Composition of Matter Claim Be an Abstract Idea?
The ITC's ruling against US Synthetics' patent represents a significant shift in patent law regarding tangible compositions and abstract ideas.
Federal Circuit Affirms $95 Million Verdict in E-Cigarette Patent Battle Between Altria and Reynolds
The Altria v. R.J. Reynolds decision clarifies patent damages methodology, specifically in comparable license analysis and apportionment.
From Judge Markey's Promise to Rule 36: We Do Not Just Render One-Worded Decisions
The Supreme Court has an opportunity to address the Federal Circuit's use of no-opinion affirmances in patent appeals.
Checking in With Alice Part II: Takeaways and Predictions
The Federal Circuit is limiting patent eligibility for data processing and organizational claims, indicating a harsh landscape for software technologies.
Federal Circuit Grants En Banc Rehearing in EcoFactor v. Google, Limiting Damages Expert Testimony
The Federal Circuit is reevaluating expert testimony on patent damages, a significant case impacting the patent community and damages awards.
The case could limit damages theories in patent cases, enhancing judicial control over jury-awarded damages.
Drafting for Eligibility: Insights from the Federal Circuit's Contour IP v. GoPro
Federal Circuit reversed summary judgment of patent ineligibility in Contour IP v. GoPro, emphasizing the need for technological improvements in patent claims.
Diamond in the Rough: Can a Composition of Matter Claim Be an Abstract Idea?
The ITC's ruling against US Synthetics' patent represents a significant shift in patent law regarding tangible compositions and abstract ideas.
Institutional Stonewalling: The Federal Circuit's Silent Treatment Through Rule 36
Stonewalling in relationships parallels the Federal Circuit's Rule 36 summary affirmances, stifling meaningful engagement and progress in legal arguments.
Neurosurgeon Attests to Judge Newman's 'Extraordinarily High Level of Cognitive Ability'
Judge Pauline Newman has been indefinitely suspended from her judicial duties, but medical evaluations claim she is fit to serve.
Institutional Stonewalling: The Federal Circuit's Silent Treatment Through Rule 36
Stonewalling in relationships parallels the Federal Circuit's Rule 36 summary affirmances, stifling meaningful engagement and progress in legal arguments.
Neurosurgeon Attests to Judge Newman's 'Extraordinarily High Level of Cognitive Ability'
Judge Pauline Newman has been indefinitely suspended from her judicial duties, but medical evaluations claim she is fit to serve.
Federal Circuit Slices Through Patent Infringement Verdict: A Damage Apportionment Preview
The Federal Circuit's decision emphasizes stricter evidentiary requirements for patent royalty determinations, potentially disadvantaging patent holders in future litigations.
Federal Circuit Revives Patent Suit Against Aetna Over Health Savings Cards
The Federal Circuit revived AlexSam's patent infringement lawsuit against Aetna, influencing future claims and dismissal motions.
Doctrine of Equivalents: Expert Testimony Must Include Particularized Links
Federal Circuit reiterates skepticism toward the doctrine of equivalents, emphasizing strict standards for expert testimony in patent infringement cases.
Other Barks & Bites for Friday, November 22: USPTO Bans Employees from Using Generative AI for Work Purposes; WIPO Member States Adopt New Design Law Treaty; DOJ Proposes Google Must Sell Chrome
WIPO member states approved a treaty aimed at simplifying design protection globally, reinforcing the goal of fostering innovation across borders.
CAFC Says Patent Owner Failed to Show Amazon and Ring Infringed Smoke Alarm Patent Claims
Heidary's patent infringement lawsuit against Amazon and Ring was dismissed due to improper venue and insufficient claim articulation.
Deference to District Courts: Federal Circuit's New Approach to Venue Transfer Petitions
Apple's petition to transfer a patent case from Texas to California was denied, emphasizing the importance of local connections in patent litigation.
Federal Circuit Slices Through Patent Infringement Verdict: A Damage Apportionment Preview
The Federal Circuit's decision emphasizes stricter evidentiary requirements for patent royalty determinations, potentially disadvantaging patent holders in future litigations.
Federal Circuit Revives Patent Suit Against Aetna Over Health Savings Cards
The Federal Circuit revived AlexSam's patent infringement lawsuit against Aetna, influencing future claims and dismissal motions.
Doctrine of Equivalents: Expert Testimony Must Include Particularized Links
Federal Circuit reiterates skepticism toward the doctrine of equivalents, emphasizing strict standards for expert testimony in patent infringement cases.
Other Barks & Bites for Friday, November 22: USPTO Bans Employees from Using Generative AI for Work Purposes; WIPO Member States Adopt New Design Law Treaty; DOJ Proposes Google Must Sell Chrome
WIPO member states approved a treaty aimed at simplifying design protection globally, reinforcing the goal of fostering innovation across borders.
CAFC Says Patent Owner Failed to Show Amazon and Ring Infringed Smoke Alarm Patent Claims
Heidary's patent infringement lawsuit against Amazon and Ring was dismissed due to improper venue and insufficient claim articulation.
Deference to District Courts: Federal Circuit's New Approach to Venue Transfer Petitions
Apple's petition to transfer a patent case from Texas to California was denied, emphasizing the importance of local connections in patent litigation.
Text vs. Purpose: The Hughes-Reyna Divide Reaches Veterans' Benefits in Soto
The Supreme Court is reviewing cases on veterans' benefits, highlighting contrasting judicial philosophies on statutory interpretation and administrative authority.
Another 101 Bites the Dust as High Court Denies Realtime Data Petition
The U.S. Supreme Court has denied a petition to clarify patent eligibility jurisprudence under Section 101 since the Alice Corp. Pty Ltd. v. CLS Bank Int'l ruling.
The Federal Circuit's ruling on Realtime Data's patent claims was criticized by Judge Pauline Newman as a "morass" and she suggested evaluating validity under different sections of the law.
Top 10 Software Patent Myths and How to Free Yourself from Them
Understanding and dispelling myths about software patents is crucial for innovators and companies to defend themselves and leverage patents.
Confusion around software patent eligibility arises from inconsistent rulings by the Federal Circuit and the Supreme Court and oversimplified media reports.
Ikorongo Challenges Federal Circuit's Heightened "Same Invention" Requirement for Reissue Patents
Ikorongo Technology filed a petition to challenge Federal Circuit's standard for 'same invention' requirement in reissue patents.
Text vs. Purpose: The Hughes-Reyna Divide Reaches Veterans' Benefits in Soto
The Supreme Court is reviewing cases on veterans' benefits, highlighting contrasting judicial philosophies on statutory interpretation and administrative authority.
Another 101 Bites the Dust as High Court Denies Realtime Data Petition
The U.S. Supreme Court has denied a petition to clarify patent eligibility jurisprudence under Section 101 since the Alice Corp. Pty Ltd. v. CLS Bank Int'l ruling.
The Federal Circuit's ruling on Realtime Data's patent claims was criticized by Judge Pauline Newman as a "morass" and she suggested evaluating validity under different sections of the law.
Top 10 Software Patent Myths and How to Free Yourself from Them
Understanding and dispelling myths about software patents is crucial for innovators and companies to defend themselves and leverage patents.
Confusion around software patent eligibility arises from inconsistent rulings by the Federal Circuit and the Supreme Court and oversimplified media reports.
Ikorongo Challenges Federal Circuit's Heightened "Same Invention" Requirement for Reissue Patents
Ikorongo Technology filed a petition to challenge Federal Circuit's standard for 'same invention' requirement in reissue patents.
Federal Circuit Issues Twin Decisions in Cellspin Cases: Procedure and Timing Matter
The Federal Circuit's decisions underscore the importance of timely arguments and procedural compliance in patent litigation.
Federal Circuit's "Red Flags" Fee Analysis Under Fire: DISH Seeks En Banc Review
DISH Network is contesting the Federal Circuit's decision to vacate a $3.9 million attorney fee award, emphasizing reliance on Supreme Court precedents.
Federal Circuit Rejects District Court's Overly Narrow Claim Construction in LED Patent Infringement Case
The Federal Circuit ruled that the first reflective layer of the '961 patent does not need to be epitaxial or different from the substrate.
Hindsight 20/20: Federal Circuit Okays Retroactive Expertise
Expert witnesses in patent litigation must have relevant skills pertaining to the invention's date to avoid disqualification.
Different Evidentiary Burdens in IPR Proceedings and District Court Means No Collateral Estoppel Effect on Related Patent Claims
The Federal Circuit overturned the district court's decision, favoring ParkerVision in key issues related to patent infringement and expert testimony.
Designation Of Credibility
The presence of appellate jurists in patent cases, especially visiting judges with appellate experience, can significantly benefit practitioners and provide valuable insights.
Federal Circuit Issues Twin Decisions in Cellspin Cases: Procedure and Timing Matter
The Federal Circuit's decisions underscore the importance of timely arguments and procedural compliance in patent litigation.
Federal Circuit's "Red Flags" Fee Analysis Under Fire: DISH Seeks En Banc Review
DISH Network is contesting the Federal Circuit's decision to vacate a $3.9 million attorney fee award, emphasizing reliance on Supreme Court precedents.
Federal Circuit Rejects District Court's Overly Narrow Claim Construction in LED Patent Infringement Case
The Federal Circuit ruled that the first reflective layer of the '961 patent does not need to be epitaxial or different from the substrate.
Hindsight 20/20: Federal Circuit Okays Retroactive Expertise
Expert witnesses in patent litigation must have relevant skills pertaining to the invention's date to avoid disqualification.
Different Evidentiary Burdens in IPR Proceedings and District Court Means No Collateral Estoppel Effect on Related Patent Claims
The Federal Circuit overturned the district court's decision, favoring ParkerVision in key issues related to patent infringement and expert testimony.
Designation Of Credibility
The presence of appellate jurists in patent cases, especially visiting judges with appellate experience, can significantly benefit practitioners and provide valuable insights.
Federal Circuit Vacates District Court's Denial of Antisuit Injunction in FRAND Case
The CAFC ruled Lenovo's U.S. suit could influence foreign injunctions granted to Ericsson without requiring a patent license outcome.
Federal Circuit's Rule 36 Affirmances: A Concerning Trend in Light of Loper Bright
The Federal Circuit prioritizes efficiency over transparency, drawing criticism for its R.36 practice.
The recent en banc petition highlights a conflict between judicial efficiency and the constitutional review of agency actions.
Justice is Not Silent: The Case Against One-Word Affirmances in the Federal Circuit
The Federal Circuit's different application of Rule 36 necessitates Supreme Court intervention to address inconsistencies across Circuit Courts. A clear need for judicial accountability exists.
101 Ways Not to Invalidate: Federal Circuit Rejects Sua Sponte Eligibility Ruling
Federal Circuit ruling emphasizes the party presentation principle in court proceedings, particularly regarding patent claims.
Federal Circuit's New Hands-Off Approach: Recent Mandamus Denials Signal Shift in Venue Transfer Landscape
The Federal Circuit is adopting a more cautious approach in mandamus cases related to venue transfers.
97-year-old federal appeals judge should be suspended another year for exam refusal, panel says
Knowing the Federal Circuit is crucial for success in patent appeals.
Liquidia Urges SCOTUS to Restore Preclusive Effect to PTAB Final Written Decisions
Liquidia Technologies has filed a petition with the U.S. Supreme Court to appeal an induced infringement ruling against them following the invalidation of a patent at the PTAB.
Liquidia argues that the Federal Circuit's ruling contradicts previous Supreme Court decisions regarding the preclusive effect of PTAB invalidation on infringement litigation.
Winning Strategies at the Federal Circuit
Knowing the Federal Circuit is crucial for success in patent appeals.
Liquidia Urges SCOTUS to Restore Preclusive Effect to PTAB Final Written Decisions
Liquidia Technologies has filed a petition with the U.S. Supreme Court to appeal an induced infringement ruling against them following the invalidation of a patent at the PTAB.
Liquidia argues that the Federal Circuit's ruling contradicts previous Supreme Court decisions regarding the preclusive effect of PTAB invalidation on infringement litigation.
Federal Circuit Affirms Invalidation of Patents Manipulating Medical Imaging Data as Abstract
Patent claims for storing medical images as 'virtual views' were invalidated under 35 U.S.C. § 101 as involving basic computer functions without technical advancement.
AI Visualize and the Eligibility of Innovative AI Systems
The eligibility decision in AI Visualize v. Nuance raises questions about when AI system elements qualify as eligible inventions.
Federal Circuit Affirms Invalidation of Patents Manipulating Medical Imaging Data as Abstract
Patent claims for storing medical images as 'virtual views' were invalidated under 35 U.S.C. § 101 as involving basic computer functions without technical advancement.
AI Visualize and the Eligibility of Innovative AI Systems
The eligibility decision in AI Visualize v. Nuance raises questions about when AI system elements qualify as eligible inventions.