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Fed Circuit Watch: Motion-Tracking Patent Beats Obviousness Finding

This is the second of a trio of recent Federal Circuit precedential cases that have dealt with the law of obviousness that we will review for this blog. Here, in Elbit Systems of America, LLC v....

Fed Circuit Watch: Still Another §101 Decision Signals Sea Change

On February 14, 2018, the Court of Appeals for the Federal Circuit handed down Aatrix Software, Inc. v. Green Shades Software, Inc., which signals a possible sea change in the §101 patent-eligibility...

No Tribal Sovereign Immunity in IPR

On February 23, 2018, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office issued a decision denying the St. Regis Mohawk Tribe’s various motions to terminate several inter...

Embedded Tweet Can Be Copyright Infringement, According to NY Court

On February 15, 2018, a federal judge sitting in the Southern District of New York issued an opinion that could have profound ramifications for the average Internet user. In the case, Goldman v....

Fed Circuit Watch: Fed Circuit Lacks Jurisdiction to Review Antitrust Claim

On February 9, 2018, the Court of Appeals for the Federal Circuit issued a short order refusing jurisdiction over a Walker Process antitrust claim, and transferred the case, Xitronix Corp. v....

Fed Circuit Watch: Distribution Agreement Is Offer for Sale for On-Sale Bar Analysis

On February 6, 2018, an interesting ruling was handed down by the Court of Appeals for the Federal Circuit. In The Medicines Co. v. Hospira, Inc., the Fed Circuit held that a distribution agreement...

IP Practicum: Failure to Check Box on USPTO Form Can Affect Patent Term

On February 6, 2018, the Court of Appeals for the Federal Circuit ruled in Actelion Pharm., Ltd. v. Matal. This case deals with the sometimes mundane aspects of filling out the proper forms required...

Fed Circuit Watch: Pre-Institution Disclaimer Creates Estoppel for Patent Owner

On January 24, 2018, the Court of Appeals for the Federal Circuit ruled on Arthrex, Inc. v. Smith & Nephew, Inc., holding that the patent owner’s pre-IPR-institution statutory disclaimer resulting in...

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