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Fed Circuit Watch: District Court Bungles Inventorship Issue, Holds Federal Circuit

In a blend of jurisdictional and patent formality law, James v. J2 Cloud Services, LLC, deals with the question of whether the inventor retained ownership over a patent so he had standing to sue for...

Fed Circuit Watch: Dropped Priority Claim Invalidates Patent

On April 19, 2018, the Court of Appeals for the Federal Circuit handed down Droplets, Inc. v. E\Trade Bank*, in a case dealing with the formal issue of preparing a proper claim of priority in the...

Fed Circuit Watch: Swearing Behind Must be Supported by Sufficient Evidence

On April 17, 2018, the Court of Appeals for the Federal Circuit held in Apator Miitors ApS v. Kamstrup A/S, that in order for a patent assignee to swear behind a reference by antedating its own...

SCOTUS Watch: IPRs Do Not Violate Article III or Seventh Amendment

Article III of the U.S. Constitution states: The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain...

Fed Circuit Watch: Plain Claim Language Not Narrowed Unless Patentee Explicitly Disclaims Scope

An interesting study in organic chemistry appeared at the Federal Circuit. On April 16, 2018, a Fed Circuit panel in Sumitomo Dainippon Pharma Co., Ltd. v. Emcure Pharm. Ltd., held that plain claim...

SCOTUS Watch: Tech & Privacy Collision Avoided When Microsoft Email Server Case Dismissed as Moot

Normally, this blog is devoted to intellectual property issues specific to technology, much of which is case law analysis primarily in the areas of patent, trademark, and copyright laws. However, as...

Fed Circuit Watch: Personalized Medicine Method Claim Passes Alice Test for Subject Matter Eligibility

This case, Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd., arrived to the appeals court through an unusual, but not uncommon, route: a 35 U.S.C. §271(e)(4)(A) infringement...

Fed Circuit Watch: Knowles Déjà Vu as PTAB Not (Necessarily) Bound to Prior Court Claim Construction

In a case of déjà vu, the Court of Appeals for the Federal Circuit handed down Knowles Electronics LLC v. Iancu, on April 6, 2018. This case bears striking resemblance to an earlier-issued case this...

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