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Fed Circuit Watch: District Courts Still Have Problems with Cray Rule

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On February 5, 2019, the Court of Appeals for the Federal Circuit denied a petition for writ of mandamus, with a combined petition for rehearing and/or rehearing en banc, in In re Google LLC, the...

Fed Circuit Watch: Pre-Critical Date Surgeries Not Invalidating Public Uses

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In the first split precedential decision of 2019 by the Court of Appeals for the Federal Circuit, the Fed Circuit assessed the issues of invalidating public disclosure versus an inventor’s exception...

Fed Circuit Watch: USPTO Botched Patent Term Adjustment Calculation

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On January 23, 2018, the Court of Appeals for the Federal Circuit decided Supernus Pharmaceuticals, Inc. v. Iancu, in which the Fed Circuit found defective the USPTO’s calculation of patent term...

Fed Circuit Watch: Another Mayo, Another §101 Kill

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Medical diagnostics patents involving a certain lab testing company named Mayo took a hit when those patents were deemed invalid under 35 U.S.C. §101. No, it’s not that Mayo case, but the one in...

Fed Circuit Watch: Single Reference Obviousness Finding Does Not Require Motivation to Combine

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Two cases decided recently by the Court of Appeals for the Federal Circuit discuss the oft-problematic area of 35 U.S.C. §103, or the nonobviousness requirement. This is the second case, Realtime...

Fed Circuit Watch: No Error in Reconsideration of Non-Instituted Ground of Unpatentability

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Two cases decided recently by the Court of Appeals for the Federal Circuit discuss the oft-problematic area of 35 U.S.C. §103, or the nonobviousness requirement. AC Technologies S.A. v. Amazon.com,...

Fed Circuit Watch: Method of Wagering a Dice Game Bites Alice Dust

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The Court of Appeals for the Federal Circuit, on the last day of the court’s calendar year, December 28, 2018, ruled on In re Marco Guldenaar Holding B.V., in what is the last 2018 case discussing...

Fed Circuit Watch: Obviousness-Type Double Patenting Does Not Preclude §156 Patent Term Extension

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This is the second case dealing with Novartis in which the Court of Appeals for the Federal Circuit has handed down a decision related to patent term. While the facts of this case, Novartis AG v....

Fed Circuit Watch: Later-Filed, Earlier-Expiring Patent Not Appropriate as Obviousness-Type Double Patenting Reference

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An interesting case which revolved around the interplay between differing patent terms, patent term extension under 35 U.S.C. §156, and obviousness-type double patenting was decided on December 7,...

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