#federal-circuit
#federal-circuit

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Ninth Circuit Rejects Patent Misuse Defense in Minimum Royalty Dispute, Setting Up Potential Supreme Court Review

Patent misuse disputes can arise in contexts beyond the Federal Circuit's jurisdiction, as seen in C.R. Bard, Inc. v. Atrium Medical Corp.

Estoppel Timing and Procedural Traps in Patent Challenges

The Federal Circuit affirmed mixed results from the IPRs related to Gesture Technology's patent case against major tech companies.

Federal Circuit Clarifies 101 Patent Eligibility for Composition-of-Matter Claims

Federal Circuit reversed ITC ruling, affirming patent eligibility of claims related to polycrystalline diamond compacts.

This ruling provides important clarity for patent owners regarding patent eligibility challenges under Section 101.

Convergence: Island IP Points to Wave of Rule 36 Petitions

Island Intellectual Property seeks Supreme Court review of Federal Circuit practices regarding summary judgment standards and Rule 36 affirmances.

The Last Word: ParkerVision's Reply Brief Makes Final Push for Supreme Court Review of Rule 36

The Supreme Court may review R.36 cases questioning the Federal Circuit's one-word judgments without explanation.

The Doctrinal Merger No One Asked For: How Enablement Swallowed Utility

The Full Scope Enablement Doctrine is transforming the evaluation of utility requirements in patent claims.

Ninth Circuit Rejects Patent Misuse Defense in Minimum Royalty Dispute, Setting Up Potential Supreme Court Review

Patent misuse disputes can arise in contexts beyond the Federal Circuit's jurisdiction, as seen in C.R. Bard, Inc. v. Atrium Medical Corp.

Estoppel Timing and Procedural Traps in Patent Challenges

The Federal Circuit affirmed mixed results from the IPRs related to Gesture Technology's patent case against major tech companies.

Federal Circuit Clarifies 101 Patent Eligibility for Composition-of-Matter Claims

Federal Circuit reversed ITC ruling, affirming patent eligibility of claims related to polycrystalline diamond compacts.

This ruling provides important clarity for patent owners regarding patent eligibility challenges under Section 101.

Convergence: Island IP Points to Wave of Rule 36 Petitions

Island Intellectual Property seeks Supreme Court review of Federal Circuit practices regarding summary judgment standards and Rule 36 affirmances.

The Last Word: ParkerVision's Reply Brief Makes Final Push for Supreme Court Review of Rule 36

The Supreme Court may review R.36 cases questioning the Federal Circuit's one-word judgments without explanation.

The Doctrinal Merger No One Asked For: How Enablement Swallowed Utility

The Full Scope Enablement Doctrine is transforming the evaluation of utility requirements in patent claims.

morepatent-law

#intellectual-property

Restam's Inherent Anticipation Theory for Product-by-Process Claims Fails at CAFC

The Federal Circuit affirmed PTAB's ruling that Restem did not prove Jadi Cell's patent claims unpatentable, maintaining the integrity of the patent.

Anticipation analysis for product-by-process claims remains distinct from infringement analysis as per the Federal Circuit's decision.

Federal Circuit on Trade Secret Remedies in AMS-OSRAM v. Renesas

The Federal Circuit provided key clarifications on trade secret law damages, impacting how courts may award remedies.

The proper accessibility of a trade secret is determined by potential reverse-engineering opportunities, influencing damage calculations.

Restam's Inherent Anticipation Theory for Product-by-Process Claims Fails at CAFC

The Federal Circuit affirmed PTAB's ruling that Restem did not prove Jadi Cell's patent claims unpatentable, maintaining the integrity of the patent.

Anticipation analysis for product-by-process claims remains distinct from infringement analysis as per the Federal Circuit's decision.

Federal Circuit on Trade Secret Remedies in AMS-OSRAM v. Renesas

The Federal Circuit provided key clarifications on trade secret law damages, impacting how courts may award remedies.

The proper accessibility of a trade secret is determined by potential reverse-engineering opportunities, influencing damage calculations.

moreintellectual-property

#patent-infringement

Lost Profits for Unpatented Products Dry Up in Wash World

Lost profit damages for patent infringement can include profits from unpatented products when they are functioning components of a patented product.

Other Barks & Bites for Friday, November 22: USPTO Bans Employees from Using Generative AI for Work Purposes; WIPO Member States Adopt New Design Law Treaty; DOJ Proposes Google Must Sell Chrome

WIPO member states approved a treaty aimed at simplifying design protection globally, reinforcing the goal of fostering innovation across borders.

CAFC Affirms Noninfringement Ruling in Patent Appeal Over Human-Pet Interaction System

The court clarified that pet-initiated activity must begin transmission for patent infringement, ruling against DoggyPhone in their claim against Tomofun.

Federal Circuit Lacked Jurisdiction to Address Appeal Based on Arguments Under The PREP Act

The Federal Circuit ruled it lacks jurisdiction over appeals related to the PREP Act due to the collateral order doctrine not being fulfilled.

Lost Profits for Unpatented Products Dry Up in Wash World

Lost profit damages for patent infringement can include profits from unpatented products when they are functioning components of a patented product.

Other Barks & Bites for Friday, November 22: USPTO Bans Employees from Using Generative AI for Work Purposes; WIPO Member States Adopt New Design Law Treaty; DOJ Proposes Google Must Sell Chrome

WIPO member states approved a treaty aimed at simplifying design protection globally, reinforcing the goal of fostering innovation across borders.

CAFC Affirms Noninfringement Ruling in Patent Appeal Over Human-Pet Interaction System

The court clarified that pet-initiated activity must begin transmission for patent infringement, ruling against DoggyPhone in their claim against Tomofun.

Federal Circuit Lacked Jurisdiction to Address Appeal Based on Arguments Under The PREP Act

The Federal Circuit ruled it lacks jurisdiction over appeals related to the PREP Act due to the collateral order doctrine not being fulfilled.

morepatent-infringement

#statutory-interpretation

En Banc: Lesko v. US and the Future of Agency Deference Post-Loper Bright

The en banc review in Lesko v. United States may redefine the scope of agency power in interpreting overtime pay laws.

Text vs. Purpose: The Hughes-Reyna Divide Reaches Veterans' Benefits in Soto

The Supreme Court is reviewing cases on veterans' benefits, highlighting contrasting judicial philosophies on statutory interpretation and administrative authority.

En Banc: Lesko v. US and the Future of Agency Deference Post-Loper Bright

The en banc review in Lesko v. United States may redefine the scope of agency power in interpreting overtime pay laws.

Text vs. Purpose: The Hughes-Reyna Divide Reaches Veterans' Benefits in Soto

The Supreme Court is reviewing cases on veterans' benefits, highlighting contrasting judicial philosophies on statutory interpretation and administrative authority.

morestatutory-interpretation

#patent-litigation

Tax Victory for Generic Drug Companies: Federal Circuit Affirms ANDA Litigation Expenses are Deductible

Generic pharmaceutical companies can now deduct legal expenses from patent litigation as ordinary business expenses.

Federal Circuit Issues Twin Decisions in Cellspin Cases: Procedure and Timing Matter

The Federal Circuit's decisions underscore the importance of timely arguments and procedural compliance in patent litigation.

Tax Victory for Generic Drug Companies: Federal Circuit Affirms ANDA Litigation Expenses are Deductible

Generic pharmaceutical companies can now deduct legal expenses from patent litigation as ordinary business expenses.

Federal Circuit Issues Twin Decisions in Cellspin Cases: Procedure and Timing Matter

The Federal Circuit's decisions underscore the importance of timely arguments and procedural compliance in patent litigation.

morepatent-litigation

#trademark-law

Federal Circuit Rejects "Once Generic, Always Generic" Rule in Trademark Dispute Between Whiskey Makers

Generic terms can attain trademark registration if consumer perception changes over time.

The timing of genericness is crucial for trademark registration decisions.

Descriptive or Highly Descriptive? The Federal Circuit Reviews the iVoters vs iVoterGuide Trademark Dispute

The Federal Circuit is reviewing a trademark dispute over similar digital domain names, emphasizing brand differentiation's significance.

Federal Circuit Rejects "Once Generic, Always Generic" Rule in Trademark Dispute Between Whiskey Makers

Generic terms can attain trademark registration if consumer perception changes over time.

The timing of genericness is crucial for trademark registration decisions.

Descriptive or Highly Descriptive? The Federal Circuit Reviews the iVoters vs iVoterGuide Trademark Dispute

The Federal Circuit is reviewing a trademark dispute over similar digital domain names, emphasizing brand differentiation's significance.

moretrademark-law

#judicial-conduct

Moore Tells Appellate Court that Newman's Challenge to Suspension is Doomed

Judge Newman received more due process than the constitutional minimum during her appeal, according to Chief Judge Moore.

NCLA Reply Reiterates Impeachment is CAFC's Only Option for Removing Newman

Judge Newman's suspension raises unique legal questions about judicial conduct and procedural norms.

Moore Tells Appellate Court that Newman's Challenge to Suspension is Doomed

Judge Newman received more due process than the constitutional minimum during her appeal, according to Chief Judge Moore.

NCLA Reply Reiterates Impeachment is CAFC's Only Option for Removing Newman

Judge Newman's suspension raises unique legal questions about judicial conduct and procedural norms.

morejudicial-conduct

Federal Circuit Outcomes from the Past Four Years

The Federal Circuit's case outputs show 44% Non-Precedential Opinions, indicating limited precedential impact compared to 18% that are Precedential.

Federal Circuit's Filing Requirements: A Trap for Even the Experts

The Federal Circuit enforces highly demanding procedural standards, leading to frequent filing mistakes even amongst skilled attorneys.

The court's strict compliance requirements highlight systemic issues for attorneys navigating complex appellate processes.

#judge-newman

VIP Amici Say CAFC's Case Against Newman Ignores Disability Act's Safeguards, Threatens Judicial Independence

The Federal Circuit's actions against Judge Newman may threaten judicial independence and justice for other federal judges.

Morning Docket: 12.27.24

Fraudulent DMCA takedown notices from a Nintendo impersonator signal ongoing challenges in digital copyright enforcement.

VIP Amici Say CAFC's Case Against Newman Ignores Disability Act's Safeguards, Threatens Judicial Independence

The Federal Circuit's actions against Judge Newman may threaten judicial independence and justice for other federal judges.

Morning Docket: 12.27.24

Fraudulent DMCA takedown notices from a Nintendo impersonator signal ongoing challenges in digital copyright enforcement.

morejudge-newman

Institutional Stonewalling: The Federal Circuit's Silent Treatment Through Rule 36

Stonewalling in relationships parallels the Federal Circuit's Rule 36 summary affirmances, stifling meaningful engagement and progress in legal arguments.

The Judge Newman Story in Her Own Words: IPWatchdog Unleashed

Judge Pauline Newman passionately defends her position, asserting her mental acuity and the need for transparency in the judicial branch.

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#federal-circuit#federal-circuit

Ninth Circuit Rejects Patent Misuse Defense in Minimum Royalty Dispute, Setting Up Potential Supreme Court Review

Estoppel Timing and Procedural Traps in Patent Challenges

Federal Circuit Clarifies 101 Patent Eligibility for Composition-of-Matter Claims

Convergence: Island IP Points to Wave of Rule 36 Petitions

The Last Word: ParkerVision's Reply Brief Makes Final Push for Supreme Court Review of Rule 36

The Doctrinal Merger No One Asked For: How Enablement Swallowed Utility

Ninth Circuit Rejects Patent Misuse Defense in Minimum Royalty Dispute, Setting Up Potential Supreme Court Review

Estoppel Timing and Procedural Traps in Patent Challenges

Federal Circuit Clarifies 101 Patent Eligibility for Composition-of-Matter Claims

Convergence: Island IP Points to Wave of Rule 36 Petitions

The Last Word: ParkerVision's Reply Brief Makes Final Push for Supreme Court Review of Rule 36

The Doctrinal Merger No One Asked For: How Enablement Swallowed Utility

Restam's Inherent Anticipation Theory for Product-by-Process Claims Fails at CAFC

Federal Circuit on Trade Secret Remedies in AMS-OSRAM v. Renesas

Restam's Inherent Anticipation Theory for Product-by-Process Claims Fails at CAFC

Federal Circuit on Trade Secret Remedies in AMS-OSRAM v. Renesas

Lost Profits for Unpatented Products Dry Up in Wash World

Other Barks & Bites for Friday, November 22: USPTO Bans Employees from Using Generative AI for Work Purposes; WIPO Member States Adopt New Design Law Treaty; DOJ Proposes Google Must Sell Chrome

CAFC Affirms Noninfringement Ruling in Patent Appeal Over Human-Pet Interaction System

Federal Circuit Lacked Jurisdiction to Address Appeal Based on Arguments Under The PREP Act

Lost Profits for Unpatented Products Dry Up in Wash World

Other Barks & Bites for Friday, November 22: USPTO Bans Employees from Using Generative AI for Work Purposes; WIPO Member States Adopt New Design Law Treaty; DOJ Proposes Google Must Sell Chrome

CAFC Affirms Noninfringement Ruling in Patent Appeal Over Human-Pet Interaction System

Federal Circuit Lacked Jurisdiction to Address Appeal Based on Arguments Under The PREP Act

En Banc: Lesko v. US and the Future of Agency Deference Post-Loper Bright

Text vs. Purpose: The Hughes-Reyna Divide Reaches Veterans' Benefits in Soto

En Banc: Lesko v. US and the Future of Agency Deference Post-Loper Bright

Text vs. Purpose: The Hughes-Reyna Divide Reaches Veterans' Benefits in Soto

Tax Victory for Generic Drug Companies: Federal Circuit Affirms ANDA Litigation Expenses are Deductible

Federal Circuit Issues Twin Decisions in Cellspin Cases: Procedure and Timing Matter

Tax Victory for Generic Drug Companies: Federal Circuit Affirms ANDA Litigation Expenses are Deductible

Federal Circuit Issues Twin Decisions in Cellspin Cases: Procedure and Timing Matter

Federal Circuit Rejects "Once Generic, Always Generic" Rule in Trademark Dispute Between Whiskey Makers

Descriptive or Highly Descriptive? The Federal Circuit Reviews the iVoters vs iVoterGuide Trademark Dispute

Federal Circuit Rejects "Once Generic, Always Generic" Rule in Trademark Dispute Between Whiskey Makers

Descriptive or Highly Descriptive? The Federal Circuit Reviews the iVoters vs iVoterGuide Trademark Dispute

Moore Tells Appellate Court that Newman's Challenge to Suspension is Doomed

NCLA Reply Reiterates Impeachment is CAFC's Only Option for Removing Newman

Moore Tells Appellate Court that Newman's Challenge to Suspension is Doomed

NCLA Reply Reiterates Impeachment is CAFC's Only Option for Removing Newman

Federal Circuit Outcomes from the Past Four Years

Federal Circuit's Filing Requirements: A Trap for Even the Experts

VIP Amici Say CAFC's Case Against Newman Ignores Disability Act's Safeguards, Threatens Judicial Independence

Morning Docket: 12.27.24

VIP Amici Say CAFC's Case Against Newman Ignores Disability Act's Safeguards, Threatens Judicial Independence

Morning Docket: 12.27.24

Institutional Stonewalling: The Federal Circuit's Silent Treatment Through Rule 36

The Judge Newman Story in Her Own Words: IPWatchdog Unleashed

#federal-circuit
#federal-circuit