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Federal Circuit says inequitable conduct can be inferred from activities in a later patent litigation?
In light of a recent decision by the Federal Circuit in Regeneron Pharmaceuticals v. Merus, however, it now appears that inequitable conduct by a patent prosecutor may be inferred due to activities of a patent litigator carried out months or years ...

Three Years of Alice: Federal Circuit Cases Upholding Patent Eligibility Under Alice Step 1
The National Law Review
It has now been over three years since the U.S. Supreme Court handed down its transformative patent decision in Alice Corp. v. CLS Bank. During that time, the Federal Circuit has issued only a precious few decisions upholding the validity of software ...

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Federal Circuit Reverses PTAB's Unreasonably Broad BRI of term
Each week, partners Joe Robinson and Bob Schaffer, succinctly summarize the preceding week of Federal Circuit precedential patent opinions. They provide the pertinent facts, issues, and holdings. This Review allows you to keep abreast of the Federal ...
Federal Circuit Concludes that PTAB Not Justified in Placing Burden of Persuasion on Patent Owners When They Seek ...JD Supra (press release)
Federal Circuit's Aqua Products Decision Clarifies Burden on IPR Petitioner to Challenge Amended ClaimsThe National Law Review

all 19 news articles »


Federal Circuit reverses Board on erroneous application of the broadest reasonable interpretation
The Federal Circuit decided that in apply the broadest reasonable interpretation the examiner and Patent Trial and Appeal Board (PTAB) arrived at an unreasonable interpretation not supported by the specification. The patent in question was U.S. Patent No.

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Federal Circuit Shifts Burden of Demonstrating Patentability for Amended Claims in Post-Grant Proceedings
JD Supra (press release)
In other words, while the petitioner bears the burden of proving that an original patent's challenged claims are invalid, the burden is shifted to the patent owner for proving the patentability of substitute claims. The Federal Circuit has, on numerous ...
Smith Intl PTAB application halted - National Law ReviewThe National Law Review
Patent Trial and Appeal Board Procedures for IPR Fail to Satisfy the Fifth AmendmentIPWatchdog.com
PTAB Issues 1st-Ever AIA Deadline Extension To Address AquaLaw360

all 22 news articles »


Federal Circuit Lacked Jurisdiction Over Claims that Assignment Agreement was Invalid
The Federal Circuit found that Arbaugh controlled the appeal and it affirmed the district court's dismissal of the patent and declaratory judgment claims for lack of jurisdiction. The Court found that by filing the state court action challenging the ...

World Intellectual Property Review (blog)

Federal Circuit finds mail patents invalid under Alice despite Enfish plea
World Intellectual Property Review (blog)
On appeal SMS stated that the Enfish decision, in May 2016, meant its software was patent-eligible, but this was struck down by the Federal Circuit. “Here, despite the district court's statement that 'a reasonably high level of generality' should be ...

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Federal Circuit decides Aqua Products, says patentability burden of amended claims on Petitioner
Moments ago the United States Court of Appeals for the Federal Circuit issued its much anticipated decision in Aqua Products, Inc. v. Matal, addressing en banc whether the patent owner has the burden of proving patentability with respect to submitted ...
AQUA PRODUCTS: The Federal Circuit Shifts The Burden of Proof On Amending Claims During An IPR From The ...The National Law Review
Aqua Products, Inc. v. Matal (Fed. Cir. 2017)JD Supra (press release)

all 27 news articles »

Ars Technica

Appeals Court Limits Ability of Patent Trolls to File Suit in Far-Flung Districts
In a closely watched case, the Court of Appeals for the Federal Circuit has issued an order that should see many more patent cases leaving the Eastern District of Texas. The order in In re Cray, together with the Supreme Court's recent decision in TC ...
Appeals court: East Texas can't keep patent case because of one local salesmanArs Technica
Fed. Circ. Strikes Down Gilstrap's Patent Venue RulesLaw360 (subscription)

all 10 news articles »


Federal Circuit applies 'rule of reason' to find inventor testimony credible in IPR
The Federal Circuit reviewed a Patent Trial and Appeals Board decision in IPR2014-01198 that invalidated a patent owned by NFC Technology as obvious. The Board determined that NFC could not prove an early reduction to practice, based on third-party ...


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