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
9 Apr	Neapco’s Brief in Opposition to AA’s Petition for Cert.	Schwegman, Lundberg & Woessner, P.A.
8 Apr	SCOTUS Reverses Federal Circuit Finding Google’s Android Platform Made Fair Use of the Java API	Finnegan
7 Apr	A Real Party-in-Interest Determination is Final and Non-Appealable, Including Denial of Related Motion to Dismiss and Discovery	Finnegan
7 Apr	Federal Circuit Confirms the PTAB’s Authority to Deinstitute IPR Proceedings	Finnegan
6 Apr	Revealing Manufacturer Information Does Not Warrant Filing an Amended Complaint Under Seal	Finnegan
6 Apr	Federal Circuit: Mandamus Petitions Challenging Institution Denial Are Unlikely to Show Right to Relief	Finnegan
1 Apr	Spotlight on Upcoming Oral Arguments – April 2021	Finnegan
1 Apr	Blame the Lawyer: In Exceptional Case, Plaintiff’s Attorney Liable for Court and Appellate Fees	McDermott Will & Emery
1 Apr	Set Phase to Subject Matter Ineligible: More Accurate Haplotype Phase Method Still Abstract	McDermott Will & Emery
1 Apr	Triple Trouble: Unauthorized Trademark Use among Organizations with Nearly Identical Name	McDermott Will & Emery
31 Mar	Good News/Bad News: Patent Owners and Petitioners Both Make Gains in CAFC Uniloc Decision	Mintz
30 Mar	Biden’s Nominee to the Fed. Cir. is Perkins Coie Litigator	Schwegman, Lundberg & Woessner, P.A.
29 Mar	§ 314(d) Bar Does Not Defeat Federal Circuit’s Mandamus Jurisdiction	Finnegan
24 Mar	The Road Less Traveled: IPR Denial Decisions Appealable via Mandamus	McDermott Will & Emery
24 Mar	Waiver in PTO Trademark Appeals Applies “Per Decision, Not Per Case”	McDermott Will & Emery
24 Mar	For Certain Not Secret Now: Court Declines to Seal Alleged Trade Secret in Amended Complaint	McDermott Will & Emery
23 Mar	Is It Hindsight or Was It Already There?	Finnegan
20 Mar	Subject Matter Eligibility for Medical Diagnostic Claims – a Possible Path Forward?	Squire Patton Boggs (US) LLP
19 Mar	CAFC Affirms PTAB’s Rejection of Patent Application as Abstract	Finnegan
18 Mar	Federal Circuit Affirms PTAB’s Rejection of Patent Application as Abstract	Finnegan
17 Mar	No Estoppel in the Name of Different Interests and Claims	McDermott Will & Emery
17 Mar	Can’t Camouflage Express Trademark Contract Terms	McDermott Will & Emery
17 Mar	Doctrine of Equivalents Analysis Should Not Be Simple Binary Comparison	McDermott Will & Emery
17 Mar	Method for Determining Haplotype Phase Found Subject Matter Ineligible	McDermott Will & Emery
15 Mar	“Winning” Prosecution Arguments Can Invalidate Your Patent As Indefinite	Sheppard, Mullin, Richter & Hampton LLP
15 Mar	CAFC Tightens Enablement Standard for Functional Claiming of Antibodies	Proskauer Rose LLP
13 Mar	In re: Board of Trustees of Stanford: “Big Data” Personalized Medicine is an Abstract Idea	Schwegman, Lundberg & Woessner, P.A.
11 Mar	Knowledge of Patent, Evidence of Infringement Are Necessary, but Not Sufficient, to Establish Willfulness	McDermott Will & Emery
11 Mar	Click Fraud: Predicate to False Designation of Origin	McDermott Will & Emery
11 Mar	First-to-File Rule Requires That Action Could Have Been Brought in Transferee Forum	McDermott Will & Emery
11 Mar	Corresponding Structure Necessary to Support ‘Module’ Claim Element	McDermott Will & Emery
10 Mar	Patent Buyers Beware: Supreme Court Ruling in Hologic May Merit Additional Contractual Protections	Mintz
10 Mar	IPR and CBM Statistics for Final Written Decisions Issued in December 2020 and January 2021	Finnegan
9 Mar	Corellium’s Bite of Apple’s iOS for Security Research Is Fair Use but DMCA Claims Loom	Finnegan
9 Mar	The Seventh Amendment Does Not Bar Pre-Verdict Supplemental Damages	Finnegan
8 Mar	Software Claims Lacking an Algorithm Are Held Indefinite for Lack of Sufficient Structure	Finnegan
5 Mar	Sanctions Imposed Against Litigant for “Abusive” Litigation Conduct	Finnegan
5 Mar	Watch Your Language: The Perils of Patent Profanity: Consideration of both the U.S. and Europe	Finnegan
4 Mar	Issue Preclusion Can Apply to Prior Inter Partes Reexamination Determinations	Finnegan
4 Mar	Ahoy There : If License Terms Not Clearly Intended to Be a Condition Precedent, It’s a Covenant	McDermott Will & Emery
4 Mar	Collaterally Estopped: Do Not Re-Examine the Same Issues	McDermott Will & Emery
4 Mar	Chill: Full Recoupment of Investment Not a Bar to Equitable Intervening Rights	McDermott Will & Emery
3 Mar	How Two Recent Court Decisions Show Ownership Can Be Everything and Standing Must Be Taken Into Account	Finnegan
1 Mar	Buyer Beware: Supreme Court Ruling in Hologic May Merit Additional Contractual Protections	Mintz
26 Feb	Spotlight on Upcoming Oral Arguments - March 2021	Finnegan
26 Feb	RCE Costs Patentee Nearly Two Years of PTA	Finnegan
26 Feb	Redemption of Loyalty Points is a Patent-Ineligible Abstract Idea, Federal Circuit Holds	Finnegan
25 Feb	The Future of Skinny Labeling in Patent Litigation Will be Reconsidered	McDermott Will & Emery
25 Feb	Doesn’t Scan: Skin Cancer Detection Device Just Combination of Familiar Elements	McDermott Will & Emery
25 Feb	Impossible; Cloud Storage Patent Claims Invalid for Indefiniteness or Not Infringed	McDermott Will & Emery