The Federal Circuit reversed summary judgment of non-infringement in a divided infringement case, holding that the ‘direction and control’ standard from Akamai v. Limelight could be satisfied where one party conditions participation in an activity on performance of a method step by anoth
The Federal Circuit granted mandamus to Cray and set forth a three-part test for what constitutes a ‘regular and established place of business’ under the patent venue statute — rejecting the Eastern District of Texas’s expansive four-factor test and clarifying that employees’
The Federal Circuit held that the federal government qualifies as a ‘person’ under the America Invents Act and may petition for covered business method (CBM) review at the PTAB — a ruling the Supreme Court reversed in 2019, holding that the government is not a ‘person’ for AI
Reversing a district court’s Section 101 dismissal, the Federal Circuit held that Visual Memory’s patent on a programmable memory system with processor-specific operational characteristics was directed to an improved computer memory technology — not an abstract idea — because it describe
The Federal Circuit held that IPR estoppel under § 315(e)(2) does not extend to prior art grounds based on patents or printed publications that the petitioner could not have raised in IPR — specifically that prior art systems and physical products (which cannot be raised in IPR) are not subject to t
The Federal Circuit held that a secret commercial sale — where the existence of the sale agreement was publicly disclosed but the details of the invention were kept confidential — triggers the on-sale bar under the AIA, finding that the America Invents Act did not change the rule that confidential s
The Federal Circuit held that when a patentee satisfies all four Panduit factors for lost profits — including proving demand driven by the patented feature and no acceptable non-infringing substitutes — no further separate apportionment of those profits is required, because the Panduit analysis inhe
The Federal Circuit reversed the Court of Federal Claims’ § 101 dismissal of Thales Visionix’s inertial sensor patent, holding that claims directed to a specific arrangement of sensors and a mathematical algorithm to improve navigation accuracy are patent-eligible because the claims impr
The Federal Circuit affirmed invalidation of Intellectual Ventures’ XML-formatting and financial data-collection patents under Section 101, holding that organizing, collecting, recognizing, and storing data — even when dressed in domain-specific vocabulary — is a patent-ineligible abstract ide
On remand from the Supreme Court’s Samsung v. Apple decision, the Federal Circuit declined to define the legal test for identifying the ‘article of manufacture’ in design patent damages and instead sent the case back to the district court to resolve the issue in the first instance