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Federal Circuit

Federal Circuit
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Akamai Technologies v. Limelight Networks — Federal Circuit En Banc Expands Inducement to Cover Divided Method Infringement

The Federal Circuit sitting en banc held that a party who induces multiple actors to collectively perform all steps of a method patent claim can be liable for induced infringement even if no single party directly infringes all steps — significantly expanding liability for divided infringement of int

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Bancorp Services v. Sun Life Assurance — Federal Circuit Holds Life Insurance Valuation Patents Invalid as Abstract Ideas

The Federal Circuit held that patents on computer-implemented methods for managing stable-value life insurance policies are directed to an abstract idea and therefore invalid under § 101, ruling that adding generic computer implementation to an abstract mathematical algorithm does not create patent-

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Bard Peripheral Vascular v. W.L. Gore & Associates — Federal Circuit Affirms $371M Enhanced Damages for Willful Infringement of Vascular Graft Patent

The Federal Circuit affirmed a $371 million enhanced damages award against W.L. Gore for willful infringement of Bard’s vascular graft patent — one of the largest patent verdicts in history — holding that Gore’s employee did not qualify as a joint inventor and that the pioneering PTFE gr

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Orthokinetics v. Safety Travel Chairs — Federal Circuit on Product-by-Process Claims and Definiteness

The Federal Circuit held that MySpace’s social networking website did not infringe Graphon’s patents on searchable online databases, finding the asserted claims invalid as obvious combinations of well-known internet database and search technologies — an important post-KSR ruling on obvio

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Dealertrack v. Huber — Federal Circuit Holds Computer-Aided Credit Application Clearinghouse Is Patent-Ineligible Abstract Idea

The Federal Circuit held that Dealertrack’s claims covering a computer-aided system for routing automobile dealer credit applications to lenders were directed to the unpatentable abstract idea of processing credit applications — striking down the patents under § 101 because adding ‘apply

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Typhoon Touch Technologies v. Dell — Federal Circuit on Means-Plus-Function and Indefiniteness for Touchscreen Patents

The Federal Circuit reversed a finding of indefiniteness in a touchscreen patent dispute, holding that a claim term need not be expressed in traditional means-plus-function form to invoke § 112(f) — and clarified when functional claim language triggers the algorithm-disclosure requirement, with sign

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Ultramercial v. Hulu — Federal Circuit Holds Internet Advertising-as-Currency Patent Eligible Under § 101

The Federal Circuit reversed a district court dismissal and held that Ultramercial’s patent on distributing copyrighted content free-to-consumers in exchange for viewing advertisements was patent-eligible subject matter under § 101 — finding the multi-step process involved meaningful, non-abst

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Classen Immunotherapies v. Biogen IDEC — Federal Circuit Addresses § 101 for Vaccination Scheduling Method Claims

The Federal Circuit held that Classen Immunotherapies’ method claims for identifying optimal vaccination schedules to reduce chronic immune-mediated disorders were patent-eligible under § 101 in part — distinguishing between claims that merely require correlating a natural relationship and cla

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CyberSource Corp. v. Retail Decisions — Federal Circuit Holds Credit Card Fraud Detection Method Is Unpatentable Mental Process

The Federal Circuit held that CyberSource’s patent on a method of detecting credit card fraud by tracking internet addresses was directed to an unpatentable mental process — a gathering and comparing of information that a human could perform in their mind — and that reciting a Beauregard compu

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McKesson Technologies v. Epic Systems — Federal Circuit Addresses Joint Infringement in Healthcare IT Patent Dispute

The Federal Circuit addressed joint infringement in a healthcare IT patent dispute, holding that when patients and healthcare providers together perform steps of a patented method for online patient-provider communications, neither party alone is a direct infringer — applying the direction-or-contro

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Prometheus Laboratories v. Mayo Collaborative Services — Federal Circuit Upholds Diagnostic Method Patents (Later Reversed by Supreme Court)

The Federal Circuit upheld Prometheus’s patents on methods for optimizing thiopurine drug dosing based on metabolite blood levels, holding the claims directed to patent-eligible subject matter because they applied natural correlations through a physical transformation — a ruling the Supreme Co

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Research Corp. Technologies v. Microsoft — Federal Circuit Upholds Halftone Image Patents Under § 101, Rejects Overly Rigid Abstraction Test

The Federal Circuit upheld patents on digital image halftoning technology as patent-eligible subject matter, holding that mathematical algorithms applied to specific, practical technological problems are not so abstract as to be excluded from § 101, and cautioning against an overly rigid application

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Transocean Offshore Deepwater Drilling v. Maersk — Federal Circuit on Obviousness, Secondary Considerations, and Offer for Sale

The Federal Circuit reversed a summary judgment of obviousness in a deepwater drilling rig patent dispute, holding that the district court failed to give adequate weight to powerful objective evidence of non-obviousness — including commercial success, long-felt need, and failure of others — and rema

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Cardiac Science v. Zoll Medical — Federal Circuit on Claim Differentiation and Construction of Medical Device Claims

The Federal Circuit applied claim differentiation and rejected a narrowing construction of defibrillator patent claims, holding that independent claims cannot be read to require limitations found only in dependent claims — and affirmed the district court’s infringement finding on the broader i

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Ariad Pharmaceuticals v. Eli Lilly — Federal Circuit En Banc Reaffirms Written Description as Separate Patent Requirement

The Federal Circuit sitting en banc held that 35 U.S.C. § 112 contains a written description requirement that is distinct from the enablement requirement, and invalidated a broad genus patent covering all substances that inhibit NF-κB activity because the patent described the goal but not the means.

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i4i Ltd. Partnership v. Microsoft — Federal Circuit Affirms $200M Verdict and Permanent Injunction for XML Patent Infringement

The Federal Circuit affirmed a $200 million jury verdict and permanent injunction against Microsoft for infringing i4i’s patent on a method for editing custom XML in word processing documents, rejecting Microsoft’s invalidity defense premised on a prior-sold product and upholding the cle

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ResQNet.com v. Lansa — Federal Circuit Demands Comparable Licenses Must Actually Be Comparable to the Patented Technology

The Federal Circuit vacated a patent damages award and held that a reasonable royalty calculation must rely on licenses that are technologically and economically comparable to the patent at issue — rejecting a royalty rate derived from re-bundling agreements that had no connection to the claimed inv

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