The Federal Circuit held that the judicially created doctrine of obviousness-type double patenting cannot be used to cut short a patent term extension lawfully granted by statute, affirming Novartis’s extended patent protection for its multiple sclerosis drug Gilenya.
The Federal Circuit reversed a district court’s dismissal and held that a patent claiming a method of preventing computers from running unlicensed software by using the BIOS to store a license verification key is not an abstract idea—it claims a concrete improvement to computer security functionalit
The Federal Circuit held that a trademark registration creates a presumption of secondary meaning only as of the date of registration — not retroactively — requiring Converse to independently prove its Chuck Taylor trade dress had acquired distinctiveness before each infringer’s first infringing use
The Federal Circuit reversed invalidation of tabbed-spreadsheet navigation patents, holding that claims covering a specific, novel user interface for navigating large spreadsheets are not directed to an abstract idea.
The Federal Circuit reversed a district court’s summary judgment finding written description inadequacy for Nevro’s spinal cord stimulation patents, holding that the specification’s disclosure of the claimed frequency ranges combined with paresthesia-free stimulation raised genuine
The Federal Circuit vacated a $140 million patent damages award, holding that the entire market value rule cannot be used to calculate damages when accused products have valuable features beyond the patented invention.
The Federal Circuit held that a company that had built a manufacturing facility and planned commercial activity within the scope of a challenged patent had Article III standing to appeal an adverse IPR decision, even without being accused of infringement.
Sitting en banc, the Federal Circuit held that the IPR one-year time bar under 35 U.S.C. § 315(b) is triggered when a defendant is served with a patent infringement complaint, even if that complaint is later voluntarily dismissed without prejudice.
The Federal Circuit dismissed an IPR petitioner’s appeal for lack of Article III standing, holding that a party must show concrete plans for activity creating a substantial risk of infringement — not just status as a competitor — to have standing to challenge an adverse PTAB decision in court.
The Federal Circuit vacated a PTAB decision that had rejected a trade show catalog as prior art, holding that materials publicly distributed at industry events can qualify as “printed publications” under 35 U.S.C. § 102(b) even if they were not formally indexed or archived.
The Federal Circuit held that a patent covering an “attention manager” that displays content in unused screen space is ineligible under § 101, because it claims a desired outcome — non-interfering display of two information sets — without specifying any technical means of achieving it.
The Federal Circuit held that tribal sovereign immunity cannot be used to shield patents from inter partes review, rejecting a controversial licensing arrangement between Allergan and the St. Regis Mohawk Tribe designed to avoid IPR challenges to Restasis patents.
The Federal Circuit vacated the TTAB’s decision allowing Coca-Cola to register its ZERO trademarks without a disclaimer, holding the Board applied the wrong genericness standard and failed to properly assess the degree of descriptiveness when evaluating acquired distinctiveness.
The Federal Circuit addressed claim differentiation and claim construction for Teleflex’s coronary sinus lead placement patent — holding that where a dependent claim adds a specific limitation, the corresponding independent claim must be broader, and applying this principle to construe lead pl
The Federal Circuit held that in states with multiple judicial districts, a domestic corporation “resides” for patent venue purposes only in the single district where its principal place of business or registered office is located, tightening venue rules after TC Heartland.
The Federal Circuit held that the patent venue statute, 28 U.S.C. § 1400(b), does not apply to alien (foreign) corporate defendants, who remain subject to suit for patent infringement in any U.S. district where they are subject to personal jurisdiction.
The Federal Circuit held that patent claims covering computerized voting, verification, and vote tabulation are directed to the abstract idea of voting — a fundamental human activity for centuries — and thus ineligible under § 101.
The Federal Circuit held that method-of-treatment claims directed to a specific dosing regimen for schizophrenia based on a patient’s genetic profile are patent eligible under §101, distinguishing the Supreme Court’s Mayo decision and reinforcing the eligibility of personalized medicine patents.
The Federal Circuit reversed a PTAB obviousness ruling against a wireless networking patent, holding that “common sense” cannot substitute for real evidentiary support when a prior art reference is missing a claimed limitation, particularly for complex technology.
The Federal Circuit vacated a claim preclusion ruling against SimpleAir, holding that filing a terminal disclaimer in a continuation patent does not create a presumption that the continuation’s claims are patentably indistinct from the parent, and courts must compare actual claim scope before findin
The Federal Circuit held that on a motion to dismiss, courts must accept all well-pleaded facts as true before ruling on patent eligibility under § 101, reversing summary dismissal of software form-processing patents.
The Federal Circuit held that the Alice/Mayo Step 2B inquiry — whether a claim element or combination of elements represents an ‘inventive concept’ that was well-understood, routine, and conventional — contains underlying factual questions that may not always be resolved as a matter of l
The Federal Circuit upheld patent claims covering an improved mobile device application summary interface, holding that specific graphical user interface improvements solving a concrete usability problem are not abstract ideas under § 101.
The Federal Circuit confirmed that patent damages can be apportioned through the royalty rate rather than the royalty base, but vacated a $48 million award because the patent owner’s damages expert failed to adequately explain how the Georgia-Pacific factors supported the proposed royalty rate.