FedCircuitBlog

• Patent Lawsuits on the Rise – Even with the disruption due to the coronavirus, patent lawsuits are up 9% year-over-year.
• Google and Sonos at odds over Wireless Speakers Fight – Google countersued Sonos over an alleged patent infringement in an escalating legal battle between the two companies.
• Federal Circuit finds no infringement in an Interactive Guitar Game– The court in Ubisoft Entertainment, S.A. v. Yousician Oy, affirmed the dismissal of Yousician’s claims of infringement because the claimed invention was improperly directed to an abstract idea.

Here’s the latest.

• Federal Circuit Sidesteps Notice Issue – In Iron Oak Technologies LLC v. Microsoft Corporation, the Federal Circuit limited its decision regarding notice only to Microsoft and refused to decide whether manufacturers related to Microsoft received sufficient infringement notice.
• District Court Abused Its Discretion in Granting Attorney’s Fees – An award of attorney’s fees in Munchkin, Inc. v. Luv n’ Care, Ltd. was reversed by the Federal Circuit for failing to prove infringement claims were “sufficiently meritless.”
• Chrimar Systems v. ALE USA Inc. – Charimar Systems seeks Supreme Court review of the Federal Circuit’s decision in Chrimar Systems, Inc. v. ALE USA Inc.

Here’s the latest.

• Federal Circuit Cancels Arguments Due to Building Inaccessibility – The Federal Circuit will be closed to the public and staff through at least June 7 to accommodate for the ongoing protests.
• Section 285 Attorney’s Fees Not Available for Pure Inter Partes Review – The Federal Circuit left open the question of whether fees can be awarded in connection with an IPR proceeding that was parallel to a district court action.
• Federal Circuit Affirms Noninfringement and Invalidity Judgments Against Designer of Chalk Holders – The court found that a company’s toy chalk holders, resembling No. 2 pencils, did not to infringe a design patent.

• Federal Circuit Clerk’s Office Inaccessible Amidst Protests – Due to mass protests in Washington, D.C., the Federal Circuit clerk’s office was inaccessible for both Monday and Tuesday of this week.
• ‘Pump And Dump’ Victims To Recoup Losses – The Federal Circuit reversed the lower court’s decision in Adkins v. U.S. allowing “pump and dump” victims to recoup a two million dollar loss.
• Party May Have Standing with Incorrect Patent Assignment – In Schwendimann v. Arkwright Advanced Coating, Inc., the Federal Circuit found a reformation to an incorrect assignment does not deprive a plaintiff of Article III standing.

Here’s the latest.

• USTPO Extends Patent and Trademark Deadlines – Due to COVID-19, the USPTO extends the time period to file patent and trademark related documents and provides waivers for certain fees.
• Patent Eligibility Turns on the Content and Not the Length of the Claim – The Federal Circuit emphasized, in Elec. Commc’n Techs., LLC v. ShoppersChoice.com, LLC, the importance of the content of a patent claim over its length in determining eligibility.
• Opinions Vary On Whether the USTPO May Make New Laws Without the Rule-making Process – The issue of whether the USPTO may properly make law using its procedural and POP process or whether the rules may only be made under the APA process is yet to be decided. 

Here’s the latest.

• Judge Lourie Wins 2020 American Inns of Court Award – The American Inns of Court selected Judge Alan D. Lourie as the winner of the 2020 American Inns of Court Professionalism Award for the Federal Circuit.
• Prior Art-Based Invalidity Analysis Possible for Indefinite Claim – The Federal Circuit declined to find a claim with a means-plus-function element unpatentable because prior art analysis could still be possible when the means-plus-function element is used as an alternative structure to a non-means-plus-function structure.
• True Colors Shining Through – The Federal Circuit’s recent decision in In re Forney Industries, Inc. may provide a new framework for creating product packaging that can be protected by trademark law.

Here’s the latest.

• A Patent Emergency – A new Supreme Court petition declared that the Federal Circuit’s interpretation of patent eligibility law is a “patent emergency”.
• Federal Circuit OKs Do-Over in Apple Decryption Case – In light of Arthrex, the Federal Circuit remanded a case for a new hearing before different PTAB judges.
• Federal Circuit Dismisses Challenges to Nonfinal Patent Office decision – The Federal Circuit affirmed the district court’s lack of jurisdiction.

Here’s the latest.

• Federal Circuit Suspends In-Person Oral Arguments – The Federal Circuit indefinitely suspended in-person oral arguments amidst COVID-19 pandemic.
• Biotech Trade Organization Urges the Federal Circuit to End Obviousness Test – in its amicus brief, the Biotechnology Innovation Organization asks the Federal Circuit to end its “unrealistic” approach to evaluating obviousness.
• Federal Circuit Denies Review for Real-Parties-in-Interest Arguments – The Federal Circuit uses Supreme Court precedent to declare PTAB decisions regarding the real-parties-in-interest non-appealable.

Here’s the latest.

• Federal Circuit Snubs Extrinsic Evidence – Courts are not required to consult extrinsic evidence in every patent eligibility case.
• Defining the Contours of Arthrex Decision – The Federal Circuit’s recent decision has resulted in a large number of PTAB appeals.
• Federal Circuit Upholds Application of Dedication-Disclosure Doctrine – The Federal Circuit affirmed a district court’s application of the dedication-disclosure doctrine.

Here’s the latest.

• Federal Circuit Hearing More Cases by Phone – The Federal Circuit will increase the number of arguments it hears via phone next month.
• Bad Conduct During Litigation Means Attorneys’ Fees Regardless of Damage Amount – The Federal Circuit disagrees with lowering an award of attorney fees based on a lesser damages award.
• COVID-19 Underscores Diagnostic Patent Eligibility Problems – What is the impact of recent judicial precedent on diagnostic methods?

Here’s the latest.