Coverage since November 3, 1994

Federal Circuit

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In re Board of Trustees of the Leland Stanford Junior University — Federal Circuit Holds Haplotype Phasing Mathematical Algorithm Is Patent Ineligible Under § 101

The Federal Circuit affirmed that Stanford’s patent claims directed to a computational method for haplotype phasing — determining which genetic variants are inherited together on each chromosome — were patent ineligible as abstract mathematical calculations implemented on generic computer hardware.

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Edgewell Personal Care Brands, LLC v. Munchkin, Inc. — Federal Circuit Reverses Summary Judgment, Holds Apparatus Claims Defined by Structure Not Function

The Federal Circuit reversed summary judgment of noninfringement, reaffirming that apparatus claims must be construed according to what the device physically is rather than how it functions, and remanding genuine disputes about literal infringement and the doctrine of equivalents for jury resolution

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Bayer Healthcare v. Baxalta Inc. — Federal Circuit Holds Knowledge of Infringement Alone Is Insufficient for Willfulness, Upholds 17.78% Royalty Award

The Federal Circuit affirmed a $155 million reasonable royalty award against Baxalta for infringing Bayer’s blood-clotting factor patent but reversed the willfulness finding, holding that mere knowledge of a patent and its infringement is not enough — willfulness requires wanton, malicious, or bad-f

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cxLoyalty, Inc. v. Maritz Holdings Inc. — Federal Circuit Holds Loyalty Points Redemption System Is an Ineligible Abstract Idea

The Federal Circuit affirmed that a patent claiming a computerized system for redeeming credit card loyalty points for rewards is an abstract idea ineligible for patent protection, and also held that substitute claims proposed in covered business method review are subject to § 101 scrutiny.

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