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
16 Sep	Full of Hot Air? PTAB Joinder Decisions Under § 315(c) Are Appealable	McDermott Will & Emery
16 Sep	Logic to Modify: Even Deceptive Intent Does Not Bar Inventorship Correction	McDermott Will & Emery
9 Sep	No Bite on Parties’ Unenforceable Agreement to Agree to Sell Apple Trees	McDermott Will & Emery
9 Sep	Structural Limitations Are Not Met by Imaginary Demarcation Lines	McDermott Will & Emery
5 Sep	The Federal Circuit Expressly Declares that Juries Determine the Standard-Essentiality of Patent Claims	Squire Patton Boggs (US) LLP
3 Sep	No Refunds: Cancellation of Patent Claims in IPR Isn’t a Taking	McDermott Will & Emery
2 Sep	Federal Circuit Has Jurisdiction over Constitutional Questions in AIA Appeals	McDermott Will & Emery
2 Sep	Res Judicata on Procedural Grounds Precludes Similar Claims Arising After Prior Judgment	McDermott Will & Emery
31 Aug	Fed. Cir. Panel Holds that Judge Dyk Erred in Construction of Antibody Claims	Schwegman, Lundberg & Woessner, P.A.
25 Aug	Federal Circuit Upholds Tangentiality Exception To Prosecution History Estoppel Under Doctrine Of Equivalents	Foley & Lardner LLP
20 Aug	Standard Essentiality Is a Question for the Fact Finder	McDermott Will & Emery
18 Aug	Federal Circuit Issues a Splintered Ruling on the Eleventh Amendment Immunity and Rule 19 Joinder Analysis	Proskauer Rose LLP
18 Aug	Are Valentino’s Rockstud® Shoes as Distinctive as The Red Soles?	K&L Gates
14 Aug	AAM v. Neapco – Part IV – Petition for Rehearing En Banc Denied – “Bad Vibrations”	Schwegman, Lundberg & Woessner, P.A.
13 Aug	Challenge to PTAB’s Finding of Non-Obviousness Fails to Pay Out	McDermott Will & Emery
13 Aug	Explain Yourself: “Untethered” Obviousness Determination Reversed	McDermott Will & Emery
13 Aug	Check Step One: It’s Not Ova until the Court Compares Claims	McDermott Will & Emery
13 Aug	Unlikely to Succeed: Preliminary Injunction Denied Despite Stipulation to Irreparable Harm	McDermott Will & Emery
13 Aug	“Method of Preparation” Claims Still Patent Eligible Under § 101 in Modified Opinion	McDermott Will & Emery
13 Aug	Glass Half Empty: Patent Reciting “Half Liquid” Is Indefinite	McDermott Will & Emery
13 Aug	Hooked on Precedent or Something New	McDermott Will & Emery
12 Aug	The Federal Circuit Finds a “Hooke” to Patent Ineligibility	Squire Patton Boggs (US) LLP
11 Aug	AAM v. Neapco – Part III – The Dissent Faces a “Perfect Storm” of Conflated Doctrines	Schwegman, Lundberg & Woessner, P.A.
11 Aug	Federal Circuit Reminds PTAB That Short Cuts Are Not Allowed	Mintz
11 Aug	Federal Circuit Finds Significant Contributions For Co-Inventorship	Foley & Lardner LLP
10 Aug	AAM v. Neapco Part II– Judge Moore’s Dissent – Nothing More = Nevermore?	Schwegman, Lundberg & Woessner, P.A.
5 Aug	PTAB May Reject Substitute Claims Under Any Basis of Patentability	McDermott Will & Emery
5 Aug	The Naked Truth About Trademark Cancellation: Only Harm, No Proprietary Interest Required	McDermott Will & Emery
5 Aug	The Balance Between Obviousness and Written Description — Lessons Learned from Recent Decisions	Katten
5 Aug	The Standard Does Rule Them All: Federal Circuit Panel Finds Standard Sufficient to Prove Infringement for SEP Compliant Products	Mintz
4 Aug	AAM v. Neapco: Method of Manufacturing Claim Gets the 101 Hook(e)	Schwegman, Lundberg & Woessner, P.A.
30 Jul	Unnamed Respondent Has Standing to Seek Rescission of ITC General Exclusion Order	McDermott Will & Emery
30 Jul	“You Got To Know When To Protest”: Federal Circuit’s Inserso Decision Stretches the Blue & Gold Waiver Rule For Bid Protests To New Lengths	Sheppard, Mullin, Richter & Hampton LLP
29 Jul	“Anything Goes” – Federal Circuit Says PTAB Can Use Any Means to Knock Out Substitute Claims (Uniloc v. Hulu: Part 2)	Mintz
28 Jul	Dead on Arrival? Federal Circuit Majority Finds That Substitute Claims Live On (Uniloc v. Hulu: Part 1)	Mintz
28 Jul	Fractured Federal Circuit Panel Finds That Sovereign Immunity Does Not Prevent Exclusive Licensee from Pursuing Unlicensed Infringement Alone	Mintz
27 Jul	PTAB Must Give Parties A Chance To Respond To New Grounds	Foley & Lardner LLP
27 Jul	Dana-Farber v. Ono – Co-Inventorship Rules	Schwegman, Lundberg & Woessner, P.A.
27 Jul	Federal Circuit: Licensees’ Failure to Mark Eliminates Entitlement to Pre-Suit Damages	Mintz
27 Jul	PTAB’S Motion To Amend Patentability Powers	K&L Gates
26 Jul	Beware! Inventors Include Those Who Significantly Contributed to a Claimed Invention – Even if their Contribution is Not Recited in the Claim	Squire Patton Boggs (US) LLP
23 Jul	Independently Performed, Publicly Disclosed Prior Work Can Lead to Joint Inventorship	McDermott Will & Emery
23 Jul	CAFC Affirms Decision to not Rescind ITC General Exclusion Order Based on New Invalidity Arguments	Squire Patton Boggs (US) LLP
22 Jul	Joined Parties Have Rights Too	McDermott Will & Emery
22 Jul	Third Parties Not Responsible for Defective Motion to Seal	McDermott Will & Emery
22 Jul	Technical Issues Affirm Patent Validity but Preclude Pre-Suit Damages	McDermott Will & Emery
17 Jul	In Assessing Design Patent Infringement, The Devil Is In The Details	Squire Patton Boggs (US) LLP
16 Jul	Federal Circuit Confirms Addition of Two Inventors of Groundbreaking Immunotherapies for Cancer	Sheppard, Mullin, Richter & Hampton LLP
15 Jul	Patent Owners Beware: Serial Filings, Rent-Seeking May Be Grounds for Adverse Fee Award	McDermott Will & Emery
15 Jul	“All Substantial Rights” Test Informative in Obviousness-Type Double Patenting Context	McDermott Will & Emery