Federal Circuit Judges Signal Support for Facebook Patent Win – On BloombergLaw.com, Perry Cooper reports that judges of the Federal Circuit “appear to agree with Facebook Inc. that [certain] patents . . . are invalid as abstract.”
Fed Circ Probes Validity of Cancer Treatment Patent from $1.2 Bln Win – Blake Brittain reports for Reuters that a panel of judges for the Federal Circuit “grilled [attorneys] on the validity of a cancer treatment patent that netted them nearly $1.2 billion.”
En Banc: When Employees Leave with a Half-Baked Invention – On PatentlyO.com, Dennis Crouch discusses Bio-Rad Laboratories, Inc. v. International Trade Commission and the case’s pending petition for rehearing en banc.
Federal Circuit Tears Up Road Map for Keeping Patent Cases in Texas – Scott Graham posted an article on Law.com reporting on how the Federal Circuit “ordered [Western District of Texas Judge] Albright to transfer patent actions brought by Ikorongo Technology LLC against Samsung Electronics and LG Electronics.”
Federal Circuit Judges Signal Support for Facebook Patent Win
On BloombergLaw.com, Perry Cooper reports on the case Gabara v. Facebook, Inc., argued on July 7. She highlights that inventor Thaddeus Gabara asked the Federal Circuit “to revive his suit alleging Facebook infringed U.S. Patent Nos. 8,706,400 and 9,299,348” after the U.S. District Court for the Southern District of New York dismissed the case, finding the inventions ineligible for patenting. Cooper notes that counsel for the inventor tried to “distinguish the court’s prior case law on Section 101,” but Facebook counsel “pushed back.”
Notably, yesterday the court granted a Rule 36 summary affirmance in this case.
Fed Circ Probes Validity of Cancer Treatment Patent from $1.2 Bln Win
On Reuters.com, Blake Brittain reports on the case Juno Therapeutics Inc v. Kite Pharma Inc., which he notes is the first Federal Circuit case to have an in person oral argument since the beginning of the COVID-19 pandemic. Brittain explains that the Federal Circuit panel “questioned if the relevant parts of the patent described the invention specifically enough to merit patent protection.” Britain also states that Juno argued that “the patent’s written description was sufficient to meet the Patent Act’s requirement,” while Kite argued that the written description did not disclose enough.
En Banc: When Employees Leave with a Half-Baked Invention
On PatentlyO.com, Dennis Crouch posts about Bio-Rad Laboratories, Inc. v. International Trade Commission, a case about inventorship and patent ownership, and the case’s pending petition for rehearing en banc. Crouch reports Bio-Rad is arguing that “the [panel’s] decision is contrary to a host of Federal Circuit decisions.” Crouch claims that “Bio-Rad is correct and that the Federal Circuit appears to have been too tight in its statements of the law” related to inventorship. Crouch, however, states that “it may well be that the contributions made while employees at Bio-Rad were still insufficient.”
Federal Circuit Tears Up Road Map for Keeping Patent Cases in Texas
On Law.com, Scott Graham reports that a case where a patent owner made a “novel attempt at cementing venue in Texas has resulted in a precedential appellate order criticizing U.S. District Judge Alan Albright’s handling of the matter.” Graham explains that on June 30 the Federal Circuit ordered Judge Albright to “transfer patent actions brought by Ikorongo Technology LLC and Ikorongo Texas LLC against Samsung Electronics and LG Electronics to the Northern District of California.” Notably, yesterday the court granted another petition involving the same patent owner.