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
23 Nov	TTAB Issues Precedential Decision Holding that Reckless Disregard for Truth Satisfies the Requisite Intent for Fraud	Polsinelli PC
22 Nov	Who’s in Charge Here? Federal Circuit Says An Arbitrator, not District Court, Should Decide Arbitrability	Mintz
18 Nov	Juno v. Kite: Written Description and Claiming Antibodies and Chimeric Antigen Receptors—Lessons for Patent Prosecutors	Proskauer Rose LLP
18 Nov	Strathclyde v. Clear-Vu – A Class in Obviousness	Schwegman, Lundberg & Woessner, P.A.
18 Nov	No More Bites at the Apple: Imminent and Non-Speculative Standing Still Required	McDermott Will & Emery
18 Nov	Federal Circuit Clarifies Venue in Hatch-Waxman Case	McDermott Will & Emery
15 Nov	CosmoKey Gets a Duo-Over – Federal Circuit Panel Reverses Finding of Ineligibility	Finnegan
15 Nov	Federal Circuit Further Clarifies Venue in Hatch-Waxman Cases	K&L Gates
12 Nov	Federal Circuit Affirms Dismissal of Hatch-Waxman Defendants for Lack of Venue and Failure to State a Claim	Mintz
10 Nov	Judge Leonard P. Stark Will Bring a Wealth of Patent Experience to the Federal Circuit	Squire Patton Boggs (US) LLP
9 Nov	Arbitration Clause Not Binding on the United States Patent Office	Proskauer Rose LLP
8 Nov	Formulation and Administration Claims Asserted in Hatch-Waxman Pass Muster	Finnegan
4 Nov	A Reminder of Doctrine of Equivalents in Biotechnology: Jennewein Biotechnologie GmbH v. International Trade Commission	Proskauer Rose LLP
4 Nov	Standing Challenge Brews Trouble in Trademark Dispute	McDermott Will & Emery
2 Nov	Beer Dispute Still Brewing: Federal Circuit Ruling Leaves Fate of BROOKLYN BREW SHOP Mark Partially Undecided	Finnegan
1 Nov	Federal Circuit Boots Potential Circuit Split as Trademark Case Turns Ugg-ly for Australian Boot-Maker	Bracewell LLP
1 Nov	Spotlight on Upcoming Oral Arguments - November 2021	Finnegan
28 Oct	Design Patent Claims Limited to Recited Article of Manufacture	Finnegan
28 Oct	This Case Is Both Hot and Exceptional—Attorneys’ Fees and Inequitable Conduct	McDermott Will & Emery
26 Oct	Federal Circuit Clarifies that Willful Infringement Does Not Require Egregious Conduct	Mintz
21 Oct	Means-Plus-Function Claims: Don’t Forget the “Way”	McDermott Will & Emery
21 Oct	NDA Forum Selection Clause Doesn’t Bar IPR in Response to Subsequent Infringement Suit	McDermott Will & Emery
21 Oct	PTO’s Financial Benefits from IPR Don’t Render PTAB Unconstitutional	McDermott Will & Emery
21 Oct	Update: Absent Explicit Statutory Language? The American Rule Still Applies	McDermott Will & Emery
14 Oct	Authentication Claim Under Alice—A Two-Step Process	McDermott Will & Emery
14 Oct	Design Patent Prior Art Must Be From Same or Analogous Field as Claimed Article of Manufacture	McDermott Will & Emery
14 Oct	Ex Parte Reexamination Not Allowed After Failed IPR Challenge	McDermott Will & Emery
14 Oct	Failing to Address All Reasons for Noninfringement Renders Appeal Moot	McDermott Will & Emery
12 Oct	Multiple, Serial IPR Filings Doom Reexamination Request	Finnegan
11 Oct	Federal Circuit Allows Service by Alternative Means Under Rule 4(f)(3) in Patent Cases	Squire Patton Boggs (US) LLP
7 Oct	Induced Infringement Finding May Support Willfulness Finding	McDermott Will & Emery
7 Oct	Federal Circuit to WD Tex.: Denial of Transfer Motion was Clear Error, Abuse of Discretion	McDermott Will & Emery
1 Oct	Federal Circuit Clarifies That There Is Not a Heightened Standard for Willful Infringement	Finnegan
1 Oct	Mind Your Jury Instructions and Get a Second Set of Eyes to Review Them before Your Counsel Submits Them to the Other Side of the Court	Norris McLaughlin P.A.
1 Oct	Federal Circuit PTAB Appeal Statistics Through August 31, 2021	Finnegan
1 Oct	Bad Acts and Actors Never Die; They Simply Lose Their Appeal	Finnegan
30 Sep	One for All, and All for One . . . Except When It Comes to Patent License Comparability	McDermott Will & Emery
30 Sep	Spotlight on Upcoming Oral Arguments – October 2021	Finnegan
27 Sep	Federal Circuit Crystallizes BMS’ Apixaban District Court Win	Finnegan
24 Sep	“You Got To Know When To Protest” Part III: The Court Of Federal Claims Declines To Expand Blue & Gold Waiver Rule For Bid Protests “Any Further Than The Federal Circuit Already Has”	Sheppard, Mullin, Richter & Hampton LLP
23 Sep	Discretion to Authorize Hague Alternative Service on Foreign Defendant—It’s All About Time and Cost	McDermott Will & Emery
22 Sep	Federal Circuit Denies Mandamus Petition, Confirming Non-Appealability of Institution Decisions Despite Parties’ Agreement to First Arbitrate Patent Validity	Finnegan
21 Sep	The Federal Circuit Awards New Trial on Damages	Finnegan
20 Sep	Testing the Limits of Therasense: Patent Owner’s Decision Not to Appeal Obviousness Holding Created But-for Materiality and Knowledge of Withheld References Established Intent	Finnegan
17 Sep	A Trademark by Any Other Name: Why the UGG Brand Left Some Australians Saying “Ugh”	Norris McLaughlin P.A.
16 Sep	Federal Circuit: Contractual Arbitration Agreements Don’t Bind PTAB Institution Decisions	McDermott Will & Emery
16 Sep	Genus Claims: Foiled Again by Written Description	Mintz
16 Sep	Notice Under § 287 Means Knowledge of Infringement, Not Knowledge of Patent	McDermott Will & Emery
16 Sep	TTAB Judicial Appointments are Determined Constitutionally Sound	McDermott Will & Emery
16 Sep	Material Information Submitted to FDA but Withheld from PTO Gives Rise to Inequitable Conduct	McDermott Will & Emery

November 28, 2021

Volume XI, Number 332

November 28, 2021

November 26, 2021

Federal Circuit / U.S. Court of Spec. Jurisdiction

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