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Federal Circuit Weekly
Latest from Federal Circuit Weekly - Page 2
Eyes on Alice: In a 2-1 Decision Federal Circuit Finds Patent for Detecting Body Temperature at the Forehead Patent-Eligible Subject Matter.
The Federal Circuit issued a non-precedential decision delineating between patent-eligible and patent-ineligible improvements in technology related to taking a person’s temperature using a computerized thermometer. On March 8, 2018, the Federal Circuit affirmed that U.S. Patent Nos. 6,292,685 (‘685 patent)…
Eyes on Alice: Federal Circuit Concludes that Factual Allegations in Complaint Preclude Dismissal on Patent Eligibility Grounds
On February 14, 2018, the Federal Circuit issued a precedential decision providing important guidance regarding the circumstances under which dismissal on patent eligibility grounds is appropriate at the pleadings stage. In Aatrix Software, Inc. v. Green Shades Software, Inc.,…
Eyes on Alice: Federal Circuit Weighs Patent Eligibility of Patent Claims Concerning the Digital Processing and Archiving of Files in a Digital Asset Management System
The Federal Circuit issued another precedential decision adding to its line of cases delineating between patent-eligible and patent-ineligible improvements in computer-related technology. On February 8, 2018, the Federal Circuit affirmed that U.S. Patent No. 7,447,713 (‘713 patent) related to eliminating…
Similarity to Product That Literally Infringes Patent is Sufficient to Support Doctrine of Equivalents Verdict
In the non-precedential decision WCM Industries Inc. v. IPS Corp., the Federal Circuit overturned the district court’s grant of IPS’s motion for judgment as a matter of law, finding that the patentee WCM provided sufficient evidence to support the…
Federal Circuit Upholds PTAB’s Entry of Adverse Judgment Before Its Institution Decision
In a split precedential decision, the Federal Circuit ruled that 37 C.F.R. § 42.73(b) permits the Patent Trial and Appeal Board to enter an adverse judgment when a patent owner cancels all claims at issue after an IPR petition has…
Federal Circuit Rules that PTAB Time-Bar Determinations in IPRs Can Be Appealed*
(*Originally published as a Michael Best client alert on January 10, 2018, co-authored by J. Donald Best and Kenneth M. Albridge, III)
On January 8, 2018, in Wi-Fi One, LLC v. Broadcom Corp., the United States Court of Appeals…
Federal Circuit Remands Patents Back to Board for Further Proceedings Regarding Challenges to Patents’ Validity Based on Anticipation and Obviousness
In a nonprecedential decision, the Federal Circuit ruled that the Patent Trial and Appeal Board had (1) failed to address a specific anticipation argument raised by a petitioner and (2) failed to provide adequate reasoning to support a decision on…
District Court Judgment of Invalidity Overturned Based on Flawed Analysis of Claim Definiteness Under 35 U.S.C. § 112
In 2014, the Supreme Court issued its decision in Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014), rejecting the Federal Circuit’s “insolubly ambiguous” standard for determining compliance with the definiteness requirement under 35 U.S.C. § 112. Criticizing that…
Federal Circuit Declares TC Heartland Changed Patent Venue Law
A recent Federal Circuit decision may give further hope to some accused infringers still looking to transfer venue in the wake of the Supreme Court’s TC Heartland decision. On November 15, 2017, a Federal Circuit panel vacated the U.S. District…