The Continuing Saga of the First IPR at the Federal Circuit The Federal Circuit has simultaneously issued an order and an opinion in In re Cuozzo Speed Technologies, LLC, previously discussed on Filewrapper® as being the first appeal arising from an inter partes review (“IPR‚¬) . The order issued by the Federal Circuit is a denial of the Petition for En Banc Rehearing to consider […] Continue Reading →
Teva v. Sandoz Revisited Teva v. Sandoz Revisited On June 18, 2015, a Federal Circuit panel reaffirmed that the key claim of the patent at issue inTeva v. Sandoz, was invalid as indefinite. The procedural posture and technical background leading up to this decision is discussed in aprior blog post. The Federal Circuit ultimately concluded that they are still […] Continue Reading →
Alternative Patent Reform Legislation Proposed in Senate Even though the America Invents Act is just over 3 years old, patent reform legislation has arisen on several occasions over the past years. The most visible legislative efforts have involved the “Innovation Act” proposed by Senator Goodlatte in 2013, and again in 2015. The version of the Innovation Act introduced in 2013 stalled out […] Continue Reading →
Claim Preambles as Limitations- the Saga Continues The preamble of a patent claim normally recites some purpose or objective, but is generally not considered to limit the scope of the claim unless it “breaths life and meaning into the claim.” There are a number of ways that the preamble can take on patentable weight, including by serving as the antecedent basis for […] Continue Reading →
Is the Supreme Court Re-Aiming Markman? The 1996 United States Supreme Court decision in Markman v. Westview Instruments established a landmark change for claim construction in patent infringement cases. That case established that the meaning of the claim language of a patent is a matter of law for a judge to decide, and not a matter of fact that should be […] Continue Reading →
Federal Circuit Schedules Oral Hearing in First Appeal of Inter Partes Review The Federal Circuit has scheduled oral arguments for the first appeal of an inter partes review ("IPR") decision by the Patent Trial and Appeal Board ("PTAB"). Oral arguments have beenscheduled for November 3, 2014. The appeal involves a number of interesting issues. First, it arises from the first IPR filed with the PTAB—Garmin USA, Inc. […] Continue Reading →
Internet Discussion Systems as Prior Art The Federal Circuit's recent decision inSuffolk Technologies, LLC, v. AOL Inc., and Google Inc., adds another item to the list of "printed publications" that may preclude patenting of a claimed invention: posts on internet newsgroups. In June 2012 Suffolk Technologies, LLC sued Google Inc. for infringement of U.S. Patent No. 6,081,835 ("the '835 patent"), related […] Continue Reading →
Competing Without Practicing – Preliminary Injunctions for Patent Infringement InTrebo Manufacturing, Inc., v. Firefly Equipment, LLC, the Federal Circuit held that a plaintiff seeking a preliminary injunction for patent infringement does not need to practice the patent at issue in order to receive an injunction, so long as it sells a competing product. Trebro brought suit alleging that FireFly's sod harvester product infringed its […] Continue Reading →
New and Useful – August 26, 2013 · InUniversity of Utah v. Max-Planck-Gesellschaft, the Federal Circuit held that a patent lawsuit between a state university and the officers of another state university is not a controversy between two states. The case began when the University of Utah (“UUtah”) sued the Max Planck Institute and the University of Massachusetts (“UMass”) to correct inventorship […] Continue Reading →
New and Useful – July 10, 2013 · InConvolve v. Compaq Computer the Federal Circuit affirmed in part the United States District Court for the Southern District of New York ruling that Compaq Computer Corp., Seagate Technology, LLC., and Seagate Technology, Inc. did not misappropriate 11 of 15 alleged trade secrets from Convolve, Inc. In addition, the Federal Circuit affirmed the district […] Continue Reading →