Fed Circuit Watch: No Sovereign Immunity in IPR
Sovereign immunity is the right of the government to not be sued absent waiver or consent. The federal government retains sovereign immunity rights. States, through the Eleventh Amendment, also...
Fed Circuit Watch: PTAB Decisions Questioned in Light of SAS and Aqua Products
On June 19, 2018, the Court of Appeals for the Federal Circuit issued Sirona Dental Systs. GmbH v. Institut Straumann AG. The case is important because two other recent court decisions – SAS and...
Fed Circuit Watch: TTAB Fails Genericness Test
In a rare review of a Trademark Trial and Appeal Board (TTAB) case, the Court of Appeals for the Federal Circuit vacated and remanded the decision in Royal Crown Co., Inc. v. The Coca-Cola Co.,...
Fed Circuit Watch: All Claims and Grounds Must Be Addressed Post-SAS
On July 2, 2018, the Court of Appeals for the Federal Circuit issued a mandate in Adidas AG v. Nike, Inc., in yet another post-SAS determination. Before a panel composed of Judges Moore, Wallach,...
CannabIP: U.S. Patent No. 9,938,663 B2
U.S. Patent No. 9,938,663 B2 issued on April 10, 2018, for “Methods for Producing Raw Materials from Plant Biomass,” to applicant 9Fiber, Inc., of Silver Spring, Maryland, and inventor Adam Powars,...
Fed Circuit Watch: Every Limitation Required for Infringement-by-Manufacture
In FastShip, LLC v. United States, the patented Littoral Combat Ship (LCS) was allegedly infringed. This case is interesting, in part because the defendant was the U.S. Government, and it is a...
Fed Circuit Watch: No Challenge to Partial Institution Raises No SAS Issue
On June 7, 2018, the Court of Appeals for Federal Circuit handed down PGS Geophysical AS v. Iancu, which has a tangential relationship to the WesternGeco LLC, of the recent WesternGeco LLC v. ION...
Second Circuit Will Not Yet Hear Embedded Tweet Appeal
In a somewhat unsurprising move, the Court of Appeals for the Second Circuit denied an interlocutory appeal (28 U.S.C. §1292) requested by publisher defendants in Heavy, Inc. v. Goldman. The order...
SCOTUS Watch: Supreme Court to Hear Case of What “Registration” Means
On June 28, 2018, the U.S. Supreme Court granted the petition for writ of certiorari in Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC. The justices took up the case to resolve a split in...
Fed Circuit Watch: PTAB Invalidity Collaterally Estops Assertion of Those Claims in Later Appellate Case
The Court of Appeals for the Federal Circuit waded into a convoluted case involving patents directed to X-Y chromosome sorting techniques for selective breeding in livestock. This case is XY, LLC v....
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