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Federal Circuit

Federal Circuit
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Content Extraction & Transmission v. Wells Fargo (2014) — Federal Circuit Affirms Section 101 Dismissal of Document Scanning Patents on Motion to Dismiss

The Federal Circuit affirmed that document-scanning and data-recognition patents are invalid under Section 101 as directed to long-practiced abstract ideas — and notably held that Section 101 invalidity can be decided at the motion to dismiss stage, before claim construction, establishing an early-e

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Ass’n for Molecular Pathology v. Myriad Genetics (Post-Remand) — Federal Circuit Addresses BRCA Test Patent Claims After Mayo

The Federal Circuit held that Myriad’s claims to methods of comparing or analyzing BRCA gene sequences were patent-ineligible under § 101 as directed to abstract mental processes — applying the Supreme Court’s Mayo framework to diagnostic comparison claims on remand from AMP v. Myriad, w

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Ericsson v. D-Link Systems — Federal Circuit Sets Framework for Calculating FRAND Royalties on Standard-Essential Patents

The Federal Circuit provided the most comprehensive guidance yet on how to calculate reasonable royalties for standard-essential patents (SEPs) subject to FRAND commitments, holding that damages must reflect incremental value of the invention rather than value derived from standardization, and that

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Ultramercial v. Hulu (2014) — Federal Circuit Finally Strikes Down Ad-for-Content Patent as Abstract Idea Under Alice

On its third visit to the Federal Circuit, Ultramercial’s patent on ad-supported online media distribution was finally struck down as an abstract idea — completing a legal journey that spanned four years, two Federal Circuit opinions, and two Supreme Court remands, all bookended by the Alice d

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Halo Electronics v. Pulse Electronics — Federal Circuit Affirms High “Seagate” Bar for Enhanced Damages, Setting Up Supreme Court Reversal

The Federal Circuit affirmed its two-part Seagate test for enhanced patent damages, refusing to award treble damages even where a jury found willful infringement — a holding the Supreme Court would reverse in 2016 by eliminating the objective recklessness requirement and restoring broader district c

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VirnetX v. Cisco Systems — Federal Circuit Vacates $368M Patent Damages for Failure to Apportion and Improper Royalty Methodology

The Federal Circuit vacated a $368 million patent verdict against Cisco and Apple in VirnetX’s network security patent case, rejecting the Nash Bargaining Solution as a royalty methodology and requiring strict apportionment to the patented features even when the smallest salable unit is the ac

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Carnegie Mellon University v. Marvell Technology — Federal Circuit Awards $1.5B for Willful Infringement of Hard Drive Signal Processing Patents

The Federal Circuit affirmed a landmark $1.5 billion damages award against Marvell Technology for willful infringement of Carnegie Mellon University’s hard drive signal processing patents — one of the largest patent verdicts in history — while vacating parts of the damages calculation and rema

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Digitech Image Technologies v. Electronics for Imaging — Federal Circuit Holds Data Structures and Mathematical Relationships Are Not Patentable

The Federal Circuit held that a patent claiming an image device profile — a collection of color and spatial data — was patent-ineligible, finding that a data structure without physical embodiment is not patentable, and that methods consisting only of mathematical correlations are abstract ideas.

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Apple v. Motorola (2014) — Federal Circuit Rejects Per Se Rule Against Injunctions for FRAND-Encumbered Standard-Essential Patents

The Federal Circuit reversed Judge Posner’s dismissal of patent damages claims and held there is no categorical rule barring injunctions for standard-essential patents — but affirmed that Motorola could not obtain an injunction on its FRAND-committed SEP because it had already committed to lic

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Teva Pharmaceuticals v. Sandoz (Federal Circuit 2013) — Court Applies De Novo Review to All Claim Construction, Drawing Supreme Court Reversal

The Federal Circuit applied de novo review to all aspects of claim construction and affirmed the invalidity of Teva’s multiple sclerosis drug patents — a ruling the Supreme Court partially reversed in 2015, holding that underlying factual findings in claim construction must be reviewed for cle

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Fresenius USA v. Baxter International — Federal Circuit on Collateral Estoppel Between Parallel IPR and District Court Proceedings

The Federal Circuit held that when the PTO cancels a patent’s claims during reexamination proceedings that conclude while district court litigation is still pending on appeal, the cancellation moot the district court judgment of infringement — there is no longer a valid patent to infringe — ev

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Commil USA v. Cisco Systems (2013) — Federal Circuit Holds Good-Faith Invalidity Belief Can Negate Induced Infringement Intent

The Federal Circuit held that a defendant’s good-faith belief that the asserted patent is invalid can negate the specific intent required for induced infringement — a ruling the Supreme Court reversed in 2015, clarifying that validity and infringement are separate inquiries and invalidity is n

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Ultramercial v. Hulu — Federal Circuit’s Evolving § 101 Analysis for Internet Advertising Patents

The Federal Circuit initially held Ultramercial’s patent on a method of distributing copyrighted media over the internet by requiring viewers to watch an advertisement to be patent-eligible — but after Supreme Court remand in light of Alice v. CLS Bank, reversed and found the claims directed t

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CLS Bank International v. Alice Corp. — Federal Circuit En Banc Produces Fractured § 101 Ruling on Software Patents

Ten Federal Circuit judges issued seven different opinions and could not agree on a single legal standard for software patent eligibility under § 101, affirming by an evenly divided court that Alice’s financial settlement patents were invalid — a fractured ruling that led directly to the Supre

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Alice Corp. v. CLS Bank (Federal Circuit En Banc 2013) — Court Fragments Over § 101 Framework for Software Patents

The Federal Circuit, sitting en banc, affirmed invalidity of Alice’s financial settlement software patent claims — but produced seven separate opinions with no majority rationale, reflecting deep disagreement on how to apply § 101 to software and setting the stage for the Supreme Court’s

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Biosig Instruments v. Nautilus (Federal Circuit 2013) — Court Upholds ‘Spaced Relationship’ Claim Under Lenient Indefiniteness Standard, Drawing Supreme Court Correction

The Federal Circuit held that the term ‘spaced relationship’ in a heart rate monitor patent was not indefinite because it was ‘amenable to construction’ and not ‘insolubly ambiguous’ — applying its then-prevailing indefiniteness test that the Supreme Court unanimo

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Lighting Ballast Control v. Philips Electronics — Federal Circuit Reconsiders Claim Construction Standard (Cybor Retained)

The Federal Circuit, sitting en banc, affirmed the Cybor de novo standard of review for claim construction — declining to overturn its 1998 precedent requiring appellate courts to review district court claim construction rulings without deference, in a decision that set the stage for the Supreme Cou

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