Fed Circuit Watch: Who Let the Cat Out? Faulty USPTO Obviousness Analysis
On February 9, 2018, the Court of Appeals for the Federal Circuit handed down Polaris Indus., Inc. v. Arctic Cat, Inc., where a Fed Circuit panel criticized the invalidation of all 38 claims of...
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...
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: Another §101 Decision, Different Rationale, May Signal Future Changes to Patent-Eligibility Analysis
As of February 14, 2018, at last count, there have been six substantive opinions rendered by the Court of Appeals for the Federal Circuit relating to 35 U.S.C. §101, creating an unusually large body...
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...
Fed Circuit Watch: Improved Smartphone Display Interface Found Patent-Eligible
On January 25, 2018, the Court of Appeals for the Federal Circuit ruled claims directed to improved display interface for cell phones was patent-eligible under 35 U.S.C. §101 in Core Wireless...
Fed Circuit Watch: Improper Patent Assignment Dooms Standing to Sue for Infringement
On January 11, 2018, the Court of Appeals for the Federal Circuit ruled on the Advanced Video Technology, LLC v. HTC Corp., case. This case is a unique one dealing with the logistics of a patent...
Fed Circuit Watch: Gaming of Patent System Cannot Save Patent from Invalidation on Double Patenting Grounds
On January 23, 2018, the United States Court of Appeals for the Federal Circuit handed down In re Janssen Biotech, Inc., which dealt with the specific issue of the double patenting safe harbor under...
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