Tag Archives: Federal Circuit

In a recent landmark ruling, the Federal Circuit, sitting en banc, held that Section 2(a) of the Lanham Act’s ban on “disparaging” marks violates the First Amendment.[1]  Section 2(a) provides that no trademark shall be refused registration “unless it consists … Continue reading

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Summary In its February 12, 2016 decision in Lexmark International, Inc. v. Impression Products, Inc., the Federal Circuit addressed two issues: (1) whether patent exhaustion applies when a patented item is sold subject to an express single-use/no-resale restriction, and then … Continue reading

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On February 11, 2016, Glaser Weil Partner, Mieke Malmberg, presented a one hour webinar sponsored by the State Bar of California on the use of the Federal Circuit’s Model order on electronic discovery in patent cases. Many times parties stipulate … Continue reading

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Recently, the  Federal Circuit, for a second time this year, evaluated infringement of a method claim.[1]  The Court, vacating the recent panel decision in May, outlined the governing framework for direct infringement of a method claim.  It held that direct … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , , | Comments Off on The En Banc Federal Circuit in Akamai v. Limelight Broadens the Scope of Direct Infringement under Section 271(a)

In last week’s 6-5 decision in SCA Hygiene Prod. v. First Quality Baby Prod., LLC, No. 2013-1564, 2015 WL 5474261 (Fed. Cir. Sept. 18, 2015), the US Court of Appeals for the Federal Circuit, sitting en banc, reaffirmed that laches … Continue reading

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In Internet Patents Corp. v. Active Networks, the Federal Circuit affirmed yet another dismissal of a patent infringement lawsuit due to the asserted patent being invalid for lacking patent eligible subject matter under 35 U.S.C. § 101.  Here, the sole … Continue reading

Posted in Patent Litigation | Tagged , , , , , , | Comments Off on Federal Circuit Attacks Functional Claim Drafting Under 35 U.S.C. § 101

On June 12, 2015, the Federal Circuit issued its decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc.,[1] finding that Sequenom’s patent claiming methods of using cell-free fetal DNA (“cffDNA”) for prenatal diagnosis test is patent ineligible under 35 U.S.C. § … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , , , | Comments Off on Federal Circuit’s Latest Patent Subject Matter Decision in Ariosa v. Sequenom Renders Many Biotech Patents at Risk

In In re Cuozzo Speed Technologies, LLC,[1] the first ever appeal of the final written decision from an inter partes review (“IPR”) before the Patent Trial and Appeal Board (“PTAB” or the “Board”),[2] the Federal Circuit decided two novel and … Continue reading

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The Federal Circuit, in Aqua Shield v. Inter Pool Cover Team, 774 F.3d 766 (Fed. Cir. 2014), recently provided further guidance on the traditional method for assessing the market value of a patent: the hypothetical negotiation. The court considered evidence of an … Continue reading

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On Tuesday, the U.S. Supreme Court issued its decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. partially modifying the standard of review to be applied by the Federal Circuit when reviewing a district court’s construction of a claim term. Prior … Continue reading

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