Legal News on Federal Circuit Courts

Federal Circuit / U.S. Court of Spec. Jurisdiction (incl: International Trade (Customs), Federal Claims, Armed Forces, Federal Adm. Agencies & Boards, Immigration, Tax, Gov. Personnel Appeals, Patent , Trademark, Veterans Appeals, etc.)

Date	Title	Organization
29 Mar	The Affirmative Defense of Prosecution Laches	von Briesen & Roper, s.c.
29 Mar	Rulemaking at the US Patent Office: Does Director Guidance On Discretionary Denials of Review Require Opportunity for Public Comment?	Squire Patton Boggs (US) LLP
27 Mar	Green Light at the Intersection of First Amendment and Patent-Related Speech	Bradley Arant Boult Cummings LLP
23 Mar	No One Likes a Sore Winner: IPR Prevailing Party Can’t Appeal	McDermott Will & Emery
23 Mar	Is SCOTUS Looking to Change the Enablement Requirement for Patents?	Bradley Arant Boult Cummings LLP
23 Mar	Prior Art Coherency and Cache Incoherency: “Known-Technique” Rationale for Motivation to Combine	McDermott Will & Emery
23 Mar	Actual or Potential Consumers in Related Goods Context Doesn’t Require PURE Overlap	McDermott Will & Emery
23 Mar	Show Your Work: PTO Director’s Procedure for Issuing Instructions Is Reviewable	McDermott Will & Emery
17 Mar	Attempts to Drive the Obviousness Standard for Design Patents Similar to KSR Failed	Bradley Arant Boult Cummings LLP
17 Mar	The Long Con Otherwise Known as Prosecution Laches	Bradley Arant Boult Cummings LLP
16 Mar	A Maze-Like Path and Laundry List Don’t Provide Written Description	McDermott Will & Emery
16 Mar	Transfer Motions Take Priority Regardless of Target District	McDermott Will & Emery
9 Mar	Patent Law Principles Apply to Claim Scope: Orange Book Delisting and Listing and Regulations	McDermott Will & Emery
6 Mar	Federal Circuit Affirms Delisting of REMS System Patent from FDA Orange Book	Mintz
2 Mar	DC Circuit to Disputes Ancillary to Patent Matters: “You Can’t Sit with Us”	McDermott Will & Emery
24 Feb	Chromadex v. Elysium Health – It’s Only Natural!	Schwegman, Lundberg & Woessner, P.A.
24 Feb	Patenting a Nice Cool Glass of Nicotinamide Riboside? Claims Covering Milk Invalid under § 101	McDermott Will & Emery
23 Feb	No First Place Trophy Here: Public Demo at Trade Show Found Invalidating	McDermott Will & Emery
23 Feb	Circuit Court Partially Upholds and Reverses NLRB 2019 Election Rule	McDermott Will & Emery
23 Feb	Federal Circuit Weighs In On Patent Eligibility Of Isolated Vitamin	Foley & Lardner LLP
21 Feb	Federal Judge Allows Antitrust Claims to Proceed Against Hospital System and Vertically-Integrated Physician Group	Mintz
16 Feb	Review Delayed Is Not Review Denied	McDermott Will & Emery
16 Feb	You Can’t Skirt around Obviousness by Arguing Expectation of Success Must Be Absolute	McDermott Will & Emery
16 Feb	Things May Be Bigger in Texas, but Not Necessarily More Convenient	McDermott Will & Emery
9 Feb	KSR Does Not Extend to Design Patents (Yet)	McDermott Will & Emery
2 Feb	FinTech Prevails in Texas “True Lender” Challenge	Sheppard, Mullin, Richter & Hampton LLP
2 Feb	Design Patent Holders Rejoice, but Challengers Face an Uphill Battle	Polsinelli PC
31 Jan	Are Medical Diagnostic Methods Patent Ineligible by Convention?: CareDx, Inc. v. Natera, Inc. and Eurofins Viracor, Inc.	K&L Gates
19 Jan	That Stings: Consent to Jurisdiction Must Be Effective at Filing to Invoke Fed. R. Civ. P. 4(k)(2)	McDermott Will & Emery
19 Jan	Absent Expressed Rationale of Obviousness, Federal Circuit Calls for Do-Over	McDermott Will & Emery
19 Jan	Dictionaries Don’t Know Best: The Intrinsic Record Prevails (Again)	McDermott Will & Emery
12 Jan	More Delays: Appeal Dismissed under Collateral Order Doctrine	McDermott Will & Emery
5 Jan	Burdens Can’t Be Avoided No Matter How They’re Dressed Up	McDermott Will & Emery
22 Dec	Tag, You’re It: Sanctions Award Must Reflect Violative Conduct	McDermott Will & Emery
22 Dec	Bad Connection: Claim Construction Argument without Explanation Given No Weight	McDermott Will & Emery
20 Dec	Montana’s Vaccination Discrimination Law: Federal Court Blocks Enforcement	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
15 Dec	Full Speed Ahead: District Court Entitled to Explore Litigation Funding Arrangements	McDermott Will & Emery
15 Dec	Applying Collateral Estoppel in IPRs	McDermott Will & Emery
8 Dec	Game Over when Expert Fails to Use Correct Claim Construction	McDermott Will & Emery
5 Dec	Putting the Appeals of Both Sides to Bed: PTAB Rulings on the Patentability of Systems and Methods for Adjusting Air Pressure in a Mattress Affirmed	Squire Patton Boggs (US) LLP
29 Nov	Delayed Disclaimer: Patent Owner Arguments Made during IPR Not a Claim Limiting Disclaimer in That Proceeding	McDermott Will & Emery
29 Nov	Sleep Better: Amendments Proposed during IPR Deemed Proper and Valid	McDermott Will & Emery
19 Nov	Federal Circuit to Review District of Delaware Chief Judge’s Litigation Funding Orders	Womble Bond Dickinson (US) LLP
17 Nov	Another Kind of Term Limit: Delay Resulting from After-Allowance Amendments Deducted from PTA	McDermott Will & Emery
17 Nov	Message to Judge Albright: Venue Motions Are First Order of Business	McDermott Will & Emery
15 Nov	$1,000 A CALL IN TEXAS?: Another Court Holds Automatic Double Recovery For TCPA Violations Permitted Under 305.053 of Texas Business and Commerce Code–But Here’s Why That’s Not Quite Right	Troutman Firm
14 Nov	Boost Glucose Control Drinks Lawsuit Permanently Dismissed	Keller and Heckman LLP
10 Nov	Don’t Stand for It—Collateral Estoppel and Standing	McDermott Will & Emery
5 Nov	Is an Appeal Time Well-Spent? For Patents, That Depends . . .	Proskauer Rose LLP
3 Nov	Ordinary Observer Conducts Product-by-Product Analysis in View of Prior Art	McDermott Will & Emery
3 Nov	Heads Up: Defendants Deserve Fair Notice of Preliminary Injunctions	McDermott Will & Emery
2 Nov	The Alice Test for Patent Ineligibility in Practice, Part Two: The Federal Circuit Affirms a Dismissal	Squire Patton Boggs (US) LLP
28 Oct	The IRS Can Share Your Tax Information with Foreign Governments	McDermott Will & Emery
27 Oct	Does Not Compute: Faster Processes Aren’t Enough for Subject Matter Eligibility	McDermott Will & Emery
27 Oct	Establishing Indefiniteness Requires More Than Identifying “Unanswered Questions” Part II	McDermott Will & Emery
26 Oct	Court Finds No ERISA Liability for Plan Provider Who Delivered Self-Interested Rollover Advice	Jackson Lewis P.C.
26 Oct	Baby Food Lawsuit Dismissed for Relying on “Inferential Leaps”	Keller and Heckman LLP
18 Oct	Federal Circuit Clarifies Conditions for Standard Essential Patents in LTE Technologies	Foley & Lardner LLP
13 Oct	Remote Employees Support Patent Venue	McDermott Will & Emery
7 Oct	The Maui in the Mountains Case is Over . . . For Now	Mintz
6 Oct	Hold That Generic, Please: Supreme Court Grants Emergency Request to Stay Federal Circuit’s Mandate	McDermott Will & Emery
6 Oct	Important CDA Section 230 Case Lands in Supreme Court: Level of Protection Afforded Modern Online Platforms at Stake	Proskauer Rose LLP
6 Oct	Sliced and Diced: PTAB Decision Remanded for Further Analysis	McDermott Will & Emery
6 Oct	Standard Computer Equipment Can Support Inventive Concept under Alice Step 2	McDermott Will & Emery
29 Sep	The Board Is Back in Town: Arthrex Can’t Save Untimely Motions to Terminate	McDermott Will & Emery
27 Sep	Type C Patent Term Adjustment Requires Fully Successful Appeal	Foley & Lardner LLP
22 Sep	Sometimes Inactions Speak Louder Than Words	McDermott Will & Emery
22 Sep	CAFC Pulls Final Loose Thread in Nike-Adidas Patent Row	McDermott Will & Emery
22 Sep	Claim at Issue Must Be Substantively Allowable to Qualify for PTA	McDermott Will & Emery
22 Sep	No Second Bite at the Apple: Dismissal under Duplicative-Litigation Doctrine	McDermott Will & Emery
22 Sep	It Can Take Three Appeals to Make a Claim Construction Go “Right”—or Three Bites by Apple	McDermott Will & Emery
2 Sep	Artificial Intelligence Cannot Serve as an Inventor of a Patentable Invention	Norris McLaughlin P.A.
1 Sep	IPR Estoppel Applies to Claim Not Addressed During Pre-SAS Proceeding	McDermott Will & Emery
1 Sep	File Like an Eagle: ANDA pH Specification Rules Infringement Inquiry	McDermott Will & Emery
25 Aug	Claim Cancelation Limits but Doesn’t Prohibit Assignor Estoppel Defense	McDermott Will & Emery
25 Aug	Fifth Circuit Affirms Dismissal of Walker Process Claim, Disagrees with Federal Circuit Transfer of Action	McDermott Will & Emery
25 Aug	Not “Use It or Lose It”: Even if Unexercised, Director’s Authority over Institution Decisions Remains	McDermott Will & Emery
25 Aug	Not a Well-Crafted Housing: Product-by-Process Claim Element Isn’t Limiting	McDermott Will & Emery
25 Aug	Prior Art Citation to Inventors’ Report Not “By Another” for § 102(e)	McDermott Will & Emery
18 Aug	Recapture Rule Applies to Subject Matter Surrendered to Overcome § 101 Rejection	McDermott Will & Emery
11 Aug	Rage against the Machine: Inventors Must Be Human	McDermott Will & Emery
4 Aug	Argument Forfeit in Remand Notwithstanding Modified Claim Construction	McDermott Will & Emery
4 Aug	Claim Construction Error Fuels Remand	McDermott Will & Emery
4 Aug	Fee Award Appropriate for Trying to Refresh and Replay Case	McDermott Will & Emery
28 Jul	Court to Counsel: Be Frivolous at Your Own Risk	McDermott Will & Emery
21 Jul	Threat of ITC Exclusion Order Is Too Speculative to Constitute Irreparable Harm	McDermott Will & Emery
21 Jul	Clearly, the Disclosure Was an Error	McDermott Will & Emery
21 Jul	CareDx v. Natera – The Broad Road to Patent Ineligibility	Schwegman, Lundberg & Woessner, P.A.
14 Jul	Patent Infringement Verdict Nixed over Judge’s Stock Ownership	McDermott Will & Emery
13 Jul	SCOTUS Declines to Answer Calls for Clarification in American Axle v. Neapco	Mintz
12 Jul	Federal Circuit Reconsiders Written Description Support For Negative Limitation	Foley & Lardner LLP
7 Jul	Split Federal Circuit Reverses Contempt Order, Sanctions Award in Protective Order Dispute	McDermott Will & Emery
30 Jun	Since Vacatur Seeks Equitable Relief, Clean Hands Matter	McDermott Will & Emery
27 Jun	Looking Below the Surface for Claim Construction	Foley & Lardner LLP
9 Jun	Drink Up, but Not with Lehman Brand	McDermott Will & Emery
9 Jun	Can’t Hide Behind Minor Clerical Error to Escape Willful Infringement Verdict	McDermott Will & Emery
9 Jun	“Self-Similar” More Objective Than One Might Think	McDermott Will & Emery
2 Jun	Except Where Futile, Litigant Must Preserve Issue at Jury Instruction Phase to Preserve Claim Construction Dispute	McDermott Will & Emery
26 May	There Should Be No Secret about Scope of Trade Secret Injunction	McDermott Will & Emery
26 May	Time Bar Dismissal Saves Patent Found Unpatentable	McDermott Will & Emery
24 May	Federal Circuit Declines to Extend Blue & Gold Waiver Rule in AbilityOne Protest	Bradley Arant Boult Cummings LLP
19 May	The Halo Effect Won’t Cure Lack of Final Judgment	McDermott Will & Emery
19 May	Use of Negative Claim Construction is Unsound	McDermott Will & Emery
12 May	Hit the Brakes: Experimental Use, Enhanced Damages Determinations Require Redo	McDermott Will & Emery
7 May	IPR Jeopardy: Estoppel Pitfalls for Multiple Concurrently Filed Petitions	Foley & Lardner LLP
5 May	Golden State of Mind: Witness Convenience Isn’t Based Solely on Travel Distance	McDermott Will & Emery
28 Apr	Notice Letters, Related Communications May Establish Specific Personal Jurisdiction	McDermott Will & Emery
21 Apr	Terms of Degree Not Always Indefinite	McDermott Will & Emery
14 Apr	Acts Supporting Induced Infringement Allegations Must Occur During Damages Period	McDermott Will & Emery
14 Apr	Missed Connection: Avoid Claim Construction Rendering Independent Claim Narrower Than Dependent Claim	McDermott Will & Emery
11 Apr	The Adversarial Nature of AIA Proceedings Isn’t Always Enough	Squire Patton Boggs (US) LLP
8 Apr	Almirall v. Amneal Pharmaceuticals – Negative Limitations II	Schwegman, Lundberg & Woessner, P.A.
6 Apr	Supreme Court Limits Federal Court’s Ability to Modify, Vacate, and Confirm Arbitration Awards	Barnes & Thornburg LLP
31 Mar	Not a Bullseye: Defendant Must Rebut Presumption That Claims Lacking “Means” Language Don’t Fall Under § 112 ¶ 6	McDermott Will & Emery
31 Mar	Only Under Rare Circumstances Can the Patent Trial & Appeal Board Find Proposed Substitute Claims Unpatentable on Its Own	McDermott Will & Emery
31 Mar	Outlier? Split Federal Circuit Denies En Banc Review of Written Description Requirement	McDermott Will & Emery
30 Mar	Famous for What? Monster Energy Founders at the TTAB	Norris McLaughlin P.A.
30 Mar	PTAB Institutes IPR Following Federal Circuit’s Decision to Transfer Parallel District Court Litigation	Proskauer Rose LLP
24 Mar	Patent Venue Statute Doesn’t Apply to Third-Party Counterclaim Defendant; Acts in Furtherance of Partnership May Be Imputed to Partner for Venue Purposes	McDermott Will & Emery
24 Mar	Apply That Formulation: Presumption of Obviousness Based on Overlapping Ranges	McDermott Will & Emery
24 Mar	Federal Circuit Won’t Rescue Parachute Patent	McDermott Will & Emery
17 Mar	Count On It, Plural Term Means More Than One	McDermott Will & Emery
17 Mar	Hypothetical Device Doesn’t Meet Domestic Industry Requirement	McDermott Will & Emery
17 Mar	Dude, Where’s My Venue? Texas Car Dealerships Aren’t Distributor Agents	McDermott Will & Emery
12 Mar	Avoiding Unforced Tech DI Errors at the ITC	Mintz
10 Mar	Lawyers Scolded but Not Sanctioned for Violating Federal Circuit’s COVID-19 Rules	McDermott Will & Emery
10 Mar	California, I’m Coming Home: Transfer to Venue Where Products Were Designed Is Appropriate	McDermott Will & Emery
10 Mar	“TRUMP TOO SMALL” Trademark Decision Leaves Big Questions	McDermott Will & Emery
10 Mar	Patent Invalidity Doesn’t Demonstrate Good Faith for Consent Order Violation	McDermott Will & Emery
9 Mar	Forum Selection Clause Can Preclude PTO Validity Challenges	Sheppard, Mullin, Richter & Hampton LLP
9 Mar	Update on Artificial Intelligence: USPTO Urges Federal Circuit to Affirm Decision That AI Cannot Qualify as an “Inventor”	Proskauer Rose LLP
3 Mar	Federal Circuit Issues Errata: IPR Estoppel Applies Only to Challenged Claims	McDermott Will & Emery
3 Mar	Does TRUMP Trademark Ruling Create First Amendment Exception That Is TOO BIG or TOO SMALL?	Epstein Becker & Green, P.C.
3 Mar	Paradise Lost: Art Created by AI Is Ineligible for Copyright Protection	McDermott Will & Emery
28 Feb	Federal Circuit Deems Algorithm Potentially Valid Trade Secret Notwithstanding Prior Publication	Sheppard, Mullin, Richter & Hampton LLP
28 Feb	Recent Expansion of IPR Estoppel Scope Viewed As Victory for Patent Owners	Sheppard, Mullin, Richter & Hampton LLP
25 Feb	The First Amendment Once Again Trumps Limits on Trademark Registration	Norris McLaughlin P.A.
24 Feb	“Negative” Patent Claim Limitations—May They be Adequately Described by Omission?	Proskauer Rose LLP
24 Feb	Third-Party Licensing Information May Be Exception to General Right of Public Access to Court Records	McDermott Will & Emery
24 Feb	Multiple Purchasing Options Overpower Use of “Quotation” in Finding Offer for Sale	McDermott Will & Emery
24 Feb	Yes, You Can Bargain Away Your Right to File IPR Petitions	Squire Patton Boggs (US) LLP
24 Feb	Too Much to Say? Word Limits Don’t Prevent Estoppel	McDermott Will & Emery
24 Feb	Long-Felt Need Not Felt Long Enough to Overcome Obviousness	McDermott Will & Emery
24 Feb	Federal Circuit Divided on Whether Skinny Labeling Compliance Precludes Inducement or Supports Equitable Estoppel	McDermott Will & Emery
22 Feb	The “Texas Two-Step” Firestorm: This Is No Dance!	Squire Patton Boggs (US) LLP
17 Feb	Specification Sheds Light on Broadest Reasonable Interpretation	McDermott Will & Emery
17 Feb	Seeing Eye to Eye: Preliminary Injunction Affirmed for Patent Filed After Accused Product Was Sold	McDermott Will & Emery
17 Feb	Precision Is Paramount: Court Enforces Terms of Email Agreement in Settlement	McDermott Will & Emery
17 Feb	Federal Circuit Sends iPhone Patent Dispute Back for Third Damages Trial	McDermott Will & Emery
17 Feb	Bargained-Away Rights to File for IPR May Not Be Recovered	McDermott Will & Emery