FedCircuitBlog

• Federal Circuit Affirms Government’s E-Passport Patent Win – The United States’s e-passport technology was found to have not infringed Iris Corporation Berhad’s patent in a ruling issued by the Federal Circuit
• Federal Circuit Judge ‘Baffled’ By Mylan Position In PTAB Appeal – Judge Moore expressed her confusion at the prospect of Mylan’s attorney not requesting mandamus relief during oral arguments on Friday.
• Federal Circuit Affirms District Court Finding that Fax/Scanner Patent Claims Are Indefinite – In Infinity Computer Products, Inc. v. Oki Data Americas, Inc., the Federal Circuit affirmed the lower court’s finding of indefiniteness for Infinity’s fax/scanner patent.

Here’s the latest.

• What’s Eligible for a Patent? The Section 101 Muddle Explained – Perry Cooper describes the uncertainty and confusion surrounding patent eligibility under Section 101 and highlights the Supreme Court’s upcoming opportunities to provide clarity after Alice.
• Fed. Circ. Agrees Fax Machine Patents Are Indefinite – The Federal Circuit found that two terms in the patent claim language failed to provide reasonable certainty of the terms’ scope and thus the patents were deemed invalid for indefiniteness.
• Afghan’s Land Takings Claim Against U.S. Army Rejected on Appeal – The Federal Circuit affirmed the U.S. Court of Federal Claims’ dismissal of a suit after an Afghan citizen failed to prove ownership of a property that he claimed the U.S. Army unjustly took from him when the U.S. Army constructed Combat Outpost Millet in 2010.

Here’s the latest.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Court received one new petition for writ of certiorari in Oracle America, Inc. v. United States.
• Two new amicus briefs were filed with the Court in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, the first by a group of patent practitioners in Chicago and the second by the New York Bar Association.
• One new waiver of right to respond was filed by Illumina in Ariosa Diagnostics, Inc. v. Illumina, Inc.

Here are the details.

• Deere Loses Patent Challenge at Federal Circuit – The Federal Circuit rejected Deere & Co.’s attempt to invalidate a patent over combine crop harvester technology as a misrepresentation of the PTAB’s decision.
• Federal Circuit Unlikely To Nix Apple’s Win In Memory Patent Case – Qualcomm met resistance when arguing before the Federal Circuit that the PTAB did not construe a key term in invalidating Qualcomm’s patent.

Here’s the latest.

• Challenging Therapeutics IP After Fed. Circ. Drink Can Ruling – Issued on the last day of 2020, the Federal Circuit’s opinion in Ball Metal Beverage Container Corp. v. Crown Packaging Technology Inc., raises important considerations for patent challengers alleging the indefiniteness of measurement claim terms that describe pharmacologic or physicochemical properties of an invention.
• Apple Transfer Win Survives Bid for Full Federal Circuit Review – The Federal Circuit denied a petition for an en banc review of an earlier decision that enabled Apple to transfer its case to the Northern District of California.
• Federal Circuit Says PTAB Failed to Provide Proper Notice to IPR Respondent of Anticipation Theory – A recent Federal Circuit decision held that the Patent Trial and Appeal Board erred in finding a claim anticipated by prior art even though the petition for inter partes review had only asserted obviousness as to the claim.  

Here’s the latest.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received two new petitions for writ of certiorari in Christy, Inc. v. United States, and in Wynkoop v. Department of Defense.
• One new brief in response to the petition was filed with the Court by Apple in Iancu v. Fall Line Patents, LLC.
• One new amicus brief was filed with the Court in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC by the Alliance of U.S. Startups & Inventors for Jobs.

Here are the details.

• Trademark Next Hot Area of IP Law, Federal Circuit Judge Says – At a recent webinar, Judge Kathleen O’Malley foresees an active next few years for trademark law.
• US Says Oil Companies’ WWII-Era Cleanup Cost Claims Barred – The federal government is asking the Federal Circuit to deny relief to oil companies for the costs related to pollution cleanup from World War II.
• Olaplex, L’Oréal Lose Federal Circuit Appeals Over Haircare Patent – The Federal Circuit upheld the PTAB’s decision in L’Oréal USA, Inc. v. Olaplex, Inc. to invalidate certain claims of an Olaplex patent while other claims remain valid.

Here’s the latest.

• Justices Told Patentees Deserve Fee Refund For PTAB Losses – A patent owner seeks Supreme Court review of a Federal Circuit’s ruling that one cannot recover fees and otherwise be compensated for patents invalidated by the Patent Trial and Appeal Board. The petitioner argues such a ruling is unconstitutional under the Fifth Amendment takings clause.
• Companies ‘Doing Backflips’ at Top Patent Court Seek SCOTUS Help – A petition before the Supreme Court seeks to resolve uncertainty for parties in patent infringement cases who, under the current standard, risk revealing product secrets in order to challenge a competitor’s patent.
• SCOTUS Won’t Resuscitate Heart Monitor Patent Case – The Supreme Court refused to review a Federal Circuit decision that held that a cardiac monitor patent was a patent-eligible improvement to heart monitoring equipment and not directed to an abstract idea.

Here’s the latest.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• Two response and reply briefs were filed with the Court by the United States and by Smith & Nephew in a case that has been granted certiorari, United States v. Arthrex, Inc.
• Two amicus briefs were filed with the Court: the first by the New York Intellectual Property Law Association (NYIPLA) in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, and the second by a non-profit advocacy organization, US Inventor, Inc., in Akeva L.L.C. v. Nike, Inc.
• One new waiver of right to respond was filed by Iancu in Samaranayake v. Iancu.
• The Supreme Court denied the petition for writ of certiorari in the case of InfoBionic, Inc. v. Cardionet, LLC.

Here are the details.

• Federal Circuit Judge Calls High Court IP Decisions “Inconsistent” – At a conference on Thursday, Judge Raymond Chen noted that the Supreme Court’s policy towards novelty in the patent-eligibility inquiry seemed to be at odds with the Court’s decisions.
• Intel Trial Will Stay in Waco as Federal Circuit Declines to Weigh in – Judge Alan Albright will be able to hear the case involving VLSI Technology and Intel in Waco in February after the Federal Circuit’s decision in In re Intel Corp.
• Iancu Leaves Pro-Patentee Legacy as USPTO Director – Andrei Iancu stepped down on Wednesday after three years of instituting policies that favored patentees and that clarified USPTO procedures.

Here’s the latest.