Federal Circuit

The Federal Circuit affirmed summary judgment of invalidity of a patent on a method for bulk email delivery, holding the claims obvious under post-KSR standards where the claimed process involved only routine, predictable steps well within the common sense of a person with ordinary skill in email ma

The Federal Circuit largely affirmed that Roche’s pegylated erythropoietin product Mircera infringed four of Amgen’s EPO patents, but vacated the district court’s double-patenting rulings and remanded for additional analysis — a significant ruling in the long-running battle over th

The Federal Circuit vacated a $1.5 billion patent damages award against Microsoft, holding that the jury’s royalty base improperly relied on the entire market value of Microsoft’s products — including features unrelated to the patented invention — without proof that the patented feature

The Federal Circuit en banc held that the traditional four-factor preliminary injunction test applies in Hatch-Waxman patent cases — eliminating the prior practice under which a showing of validity and infringement created a presumption of irreparable harm — and remanded the preliminary injunction a

The Federal Circuit addressed the joint infringement problem in method patent claims — holding that when multiple parties each perform different steps of a claimed method, infringement requires that one party direct or control the actions of the other parties performing the remaining steps, setting

The Federal Circuit held that a patent application claiming an isolated DNA sequence encoding the NAIL protein receptor was obvious under KSR — where the prior art disclosed both the protein and routine methods of cloning its encoding gene — marking an important application of KSR’s flexible o

The Federal Circuit struck down a controversial USPTO rule that would have limited patent applicants’ right to file continuation applications claiming priority to parent patents, holding the rule was inconsistent with 35 U.S.C. § 120 — while upholding other procedural rules in the contested ru

The Federal Circuit affirmed the validity of Sanofi’s Plavix (clopidogrel) patent, holding that prior disclosure of a racemic mixture does not anticipate a claim to an isolated single enantiomer — particularly when the enantiomer exhibits unexpectedly superior properties not predictable from t

The Federal Circuit held that direct infringement of a method claim divided across multiple parties requires that a single defendant direct or control the performance of every claimed step — a ruling that made it significantly harder to prove infringement of internet-era method patents implemented t

The Federal Circuit vacated a $78.9 million willful infringement verdict against DirecTV’s satellite broadcasting system, reversing on claim construction and holding that means-plus-function claims for software functions require more than a bare reference to software — the specification must d

The Federal Circuit affirmed the invalidation of Aristocrat’s slot machine patent, holding that computer-implemented means-plus-function claims are indefinite under § 112 unless the specification discloses the specific algorithm that transforms a general-purpose computer into the claimed speci

The Federal Circuit tightened the standards for inequitable conduct findings, requiring clear and convincing evidence of both materiality and intent to deceive before a patent may be rendered unenforceable — while also confirming that a patent examiner’s independent knowledge of withheld prior

The Federal Circuit addressed the interplay of written description and priority, holding that a claim amendment during prosecution that introduces new limitations must find support in the originally filed specification to maintain the benefit of the earlier filing date — a key ruling for patent draf

The Federal Circuit sitting en banc abandoned its 24-year-old willful infringement standard, adopting a new two-part objective/subjective recklessness test that raised the bar for enhanced patent damages and eliminated the automatic duty to obtain opinion-of-counsel letters.

The Federal Circuit reaffirmed that prosecution history estoppel bars application of the doctrine of equivalents when a claim was narrowed during prosecution to distinguish prior art — a landmark application of Festo’s flexible bar to a complex software patent dispute.

The Federal Circuit affirmed the validity of Forest Laboratories’ escitalopram (Lexapro) patent, holding the single-enantiomer antidepressant non-obvious over the known racemic citalopram — with the critical role played by unexpected superior pharmacological properties of the isolated (+)-enan

In one of the first major post-KSR Federal Circuit obviousness decisions, the court upheld the non-obviousness of Takeda’s pioglitazone (Actos) patent, applying the Supreme Court’s flexible obviousness framework while affirming that selection from a genus of prior art compounds requires

In one of the first post-KSR Federal Circuit obviousness decisions, the court invalidated Leapfrog’s patent on an electronic phonics learning toy as obvious, holding that it would have been obvious to combine the mechanical toy’s learning concept with electronic text-to-speech technology

The Federal Circuit reversed a district court’s obviousness finding in a Hatch-Waxman pharmaceutical case, holding that the court had improperly defined the level of ordinary skill in the art — which significantly affected the obviousness analysis for an antibiotic ear drop formulation patent

The Federal Circuit reversed a district court’s validity ruling and held that Pfizer’s patent covering amlodipine besylate (Norvasc) was invalid for obviousness, finding that selecting the besylate salt of amlodipine was routine pharmaceutical testing that any skilled chemist would have