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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...

Fed Circuit Watch: Google Use of Java APIs Not Fair Use

One of the most important copyright cases was recently decided by the Court of Appeals for the Federal Circuit, addressing Google’s use of Java code owned by Oracle. On March 27, 2018, in Oracle...

Fed Circuit Watch: No Overlap Required for Prima Facie Obviousness Between Claimed & Prior Art Ranges

On March 27, 2018, the Court of Appeals for the Federal Circuit ruled in In re Brandt, which is just another case in a long line of cases dealing with ranges and obviousness under 35 U.S.C. §103....

CannabIP: U.S. Patent No. 9,889,100 B2

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U.S. Patent No. 9,889,100 B2 issued on February 13, 2018, for “Cannabidiol for Treatment of Severe and Refractory Graft-Versus-Host Disease.” The inventor is Moshe Yeshurun, and the...

9th Circuit Serves Up Blurred Lines of Copyright Protection for Musical Works

On March 21, 2018, the Court of Appeals for the Ninth Circuit ruled in a split decision in Williams v. Gaye, that the Estate of Marvin Gaye was entitled to broad copyright protection over Gaye’s 1977...

Fed Circuit Watch: Common Sense Cannot Replace Evidentiary Support

On March 23, 2018, the Court of Appeals for the Federal Circuit handed down DSS Techs. Mgmt., Inc. v. Apple Inc., reversing two IPR decisions in Apple’s favor on a DSS-owned patent which the PTAB...

Snippets Not Fair Use According to Second Circuit

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In another fairly big copyright decision by a federal court of appeals, another seeming technological innovation in the digital space was viewed as copyright infringement. The Court of Appeals for...

Fed Circuit Watch: PTAB Obligated to Follow Own Rules

On March 19, 2018, the Court of Appeals for Federal Circuit handed down Dell Inc. v. Acceleron, LLC (and an erratum) In this case, the panel, composed of Judges Moore, Reyna, and Taranto, ruled that...

Fed Circuit Watch: Unreasonably Broad PTAB Claim Construction Reversed

On March 19, 2018, the Court of Appeals for the Federal Circuit rejected, in In re Power Integrations, Inc., a PTAB decision finding that claims were invalidated as anticipated as unreasonably...

Fed Circuit Watch: Written Description From Earlier-Filed PCT with Species Claim Sufficient Support for Later-Filed Genus Claim

On March 14, 2018, the Court of Appeals for the Federal Circuit ruled on Hologic, Inc. v. Smith & Nephew, Inc., which deals with many areas in patents, including foreign applications, priority...

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