American Axle is the Supreme Court’s Chance to Give Patent Eligibility a Tune-Up – On IPWatchDog.com, Dominic Frisina posts on the Supreme Court’s pending decision whether to review a Federal Circuit decision from 2020 related to patent eligibility.
Albright’s Delay in Patent Suit Not ‘Egregious,’ Fed. Cir. Says – Perry Cooper reports on how Freelancer failed to convince the Federal Circuit to order Judge Albright to act on its motion to dismiss in a patent case.
Patent Underlying Walker Process Claims is Not Enough to Give Rise to Federal Circuit Jurisdiction – Caitlin O’Connell and Elizabeth Ferrill write about the Federal Circuit’s decision to transfer a recent case to the United States Court of Appeals for the Fifth Circuit due to lack of jurisdiction.
Fed. Circ. Won’t Allow ‘Focus Vision’ TM, Citing ‘Focus’ Marks – In an article on Law360.com, Tiffany Hu focuses on the Federal Circuit’s decision on Monday to uphold a Trademark and Appeal Board’s decision in a trademark case.
American Axle is the Supreme Court’s Chance to Give Patent Eligibility a Tune-Up
On IPWatchDog.com, Dominic Frisina reports that the Supreme Court is currently deciding on “whether to grant certiorari in the American Axle case, setting the stage for another sea change in patent eligibility law.” Frisina explains that “Judge Moore’s dissent poignantly identifies that ‘[t]he majority’s true concern with these claims is not that they are directed to Hooke’s Law . . . but rather the patentee has not claimed precisely how to tune a liner to dampen both bending and shell mode vibrations.’ Judge Moore is exactly correct.” See more information about this case on our blog.
Albright’s Delay in Patent Suit Not ‘Egregious,’ Fed. Cir. Says
In her article on Bloomberg.com, Perry Cooper explains that Judge Albright “hasn’t acted on Freelancer’s January motion to dismiss GreatGigz Solutions LLC’s suit, but has allowed claim construction to proceed.” According to Perry, the Federal Circuit “dinged Albright in the past for ‘egregious delay’ in acting on motions to transfer patent cases,” but ”Albright has promised to act promptly on such motions in the future.”
Patent Underlying Walker Process Claims is Not Enough to Give Rise to Federal Circuit Jurisdiction
In an article posted to the National Law Review, Caitlin O’Connell and Elizabeth Ferrill write about the Federal Circuit’s decision to transfer the case Chandler v. Phoenix Services LLC to the United States Court of Appeals for the Fifth Circuit based on a finding of lack of jurisdiction. They explain how the Federal Circuit said that “a case ‘relates’ to patent law if (1) federal patent law gives rise to the cause of action or (2) the plaintiff’s right to relief did not necessarily depend on a substantial question of federal patent law.” Additionally, they report that “the Court found it significant that the patent at issue had already been ruled unenforceable.”
Fed. Circ. Won’t Allow ‘FocusVision’ TM, Citing ‘Focus’ Marks
Tiffany Hu reports on the Federal Circuit’s recent decision upholding the Trademark Trial and Appeal Board’s “refusal to register consumer survey company FocusVision’s trademark on its name.” Hu notes that the “panel was unmoved, finding there was ‘no impropriety’ in the board concentrating on the ‘focus’ part of its trademark.”