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
13 Jul	Exclusive License Can Raise Obviousness-Type Double Patenting Issues	Foley & Lardner LLP
9 Jul	The Standard May Rule Them All: Federal Circuit Panel Appears Prepared to Find Standard Is Sufficient to Prove Infringement for SEP Compliant Products	Mintz
9 Jul	Lights Out for Light-Up Shoe Patent, Thanks to Non-Limiting Preamble	McDermott Will & Emery
9 Jul	Reliance on Common Sense Permitted in Obviousness Analysis	McDermott Will & Emery
8 Jul	“Seams” Like Activity Giving Rise to Infringement Risk Supports Appellate Jurisdiction	McDermott Will & Emery
6 Jul	Filling the Hole with Common Sense: When Evidentiary Support is Adequate	Mintz
30 Jun	Federal Circuit Focuses On Active Ingredient, Not Active Moiety, For Scope Of Patent Term Extension	Foley & Lardner LLP
25 Jun	Google v. Oracle and the Future of Software Development	Vedder Price
25 Jun	Federal Circuit Partially Rejects Appeal as Based on Non-Final Judgments	McDermott Will & Emery
24 Jun	Non-Infringement Need Not “Be Actually Litigated” to Invoke Kessler Doctrine	McDermott Will & Emery
23 Jun	The Federal Circuit Broadens Application of the Kessler Doctrine	Mintz
23 Jun	USPTO Releases Final Rules on PTA Calculations in view of Supernus	Mintz
17 Jun	Munchkin Is Luv-n This Win	McDermott Will & Emery
11 Jun	Federal Circuit Confirms Certain Color Marks Can be Inherently Distinctive for Product Packaging	Katten
10 Jun	Fee Shifting Under § 285 Does Not Apply to Conduct Solely Arising in IPR	McDermott Will & Emery
5 Jun	Stuck at the PTAB – Expanding the Scope of Non-Appealable Institution Decisions	McDermott Will & Emery
5 Jun	The Odyssey Must Be Timed Just Right	McDermott Will & Emery
1 Jun	Illumina v. Ariosa – Fed. Cir. Splits a Fine s. 101 Hair	Schwegman, Lundberg & Woessner, P.A.
29 May	USPTO Again Extends Certain Patent and Trademark Deadlines in Response to COVID-19	Squire Patton Boggs (US) LLP
28 May	Verdict Delivered: Shipment Notification Claims are Patent Ineligible—Even with Security Flair	McDermott Will & Emery
27 May	USPTO Introduces Prioritized Examination Pilot Program for Patent Applications Related to COVID-19	Winstead
27 May	Chalk One Up to the Knock-Off	McDermott Will & Emery
27 May	Arthrex Extended to Inter Partes Re-examination	McDermott Will & Emery
27 May	Prior Art-Based Invalidity Analysis May Be Possible for Indefinite Claim	McDermott Will & Emery
27 May	A Party May Have Standing Even with Incorrect Patent Assignment	McDermott Will & Emery
27 May	G S Cleantech Petitions Fed. Cir. for Rehearing En Banc	Schwegman, Lundberg & Woessner, P.A.
27 May	California Ridge Revisited: Federal Circuit Affirms that Wind Project Development Fee in Section 1603 Grant Deal is a Sham	Mintz
21 May	Indian Nations Law Update - May 2020	Godfrey & Kahn S.C.
19 May	Federal Circuit Appeals Continue as Scheduled Without In-Person Arguments	Mintz
19 May	Where Should This Case Go? Appeals Court Tosses Venue Motion to Dismiss	McDermott Will & Emery
19 May	Court’s Drug Patent Prescription: Unclaimed Disclosure is Dedicated	McDermott Will & Emery
18 May	A Rubric for Design Patent Claim Construction to a “Tee”	Foley & Lardner LLP
18 May	Informative Whirlpool Decision Reaffirms Importance of Secondary Considerations	Mintz
18 May	Attorney Fees Denied by Federal Circuit Where Case Was Voluntarily Dismissed Without Prejudice	Mintz
18 May	It’s Time to Get Colorful: Federal Circuit Holds That Some Color Marks Can Be Inherently Distinctive	Mintz
18 May	Federal Circuit Finds IPRs Can Circumvent Assignor Estoppel	Mintz
14 May	Veterans Affairs Case Offers Clarification on WPA Burden of Proof	Katz, Marshall & Banks, LLP
14 May	The “Plotting” Thickens: Claims that Solve Known Problem with Known Methods Are Obvious	McDermott Will & Emery
14 May	Bad Conduct During Litigation Means Attorneys’ Fees Against the Government, Regardless of Damage Amount	McDermott Will & Emery
14 May	“Non-Limiting” Prior Art Claims Support Obviousness After Standing Is Established	McDermott Will & Emery
14 May	Focusing on Functionality, Software Claims Found Patent Eligible	McDermott Will & Emery
13 May	Federal Circuit Holds Packaging Color Combinations Can Be Inherently Distinctive	Barnes & Thornburg LLP
13 May	Articles that Infringe Only after Importation can be Excluded by the ITC	Squire Patton Boggs (US) LLP
12 May	PTAB Presses Pause On All Arthrex Remands	Mintz
7 May	Color Combination and Design on Product Packaging Can Function as a a Trademark Federal Circuit Says	Stark & Stark
7 May	Article III Standing Required to Appeal Final Decisions by the PTAB	McDermott Will & Emery
7 May	Federal Circuit Sinks Another Attempt to Use PTO Guidance	McDermott Will & Emery
7 May	Assignor Estoppel Does Not Apply to AIA Challenges	McDermott Will & Emery
7 May	Prevailing at the PTAB Can Mean Prevailing Party Attorneys’ Fees	McDermott Will & Emery
7 May	Patent Term Extension Only Applies to Approved Product	McDermott Will & Emery