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Finjan v. Blue Coat Systems — Federal Circuit Requires Further Apportionment of Damages for Multi-Feature Software Products

The Federal Circuit held that identifying the “smallest salable patent-practicing unit” is not sufficient when that unit still contains non-patented features, and further apportionment is required to isolate the value of the patented technology in complex software products.

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Credit Acceptance Corp. v. Westlake Services — Federal Circuit Affirms CBM Review Cancellation of Auto Finance Patent

The Federal Circuit affirmed PTAB’s cancellation of Credit Acceptance’s patent on financing automobile purchases through a dealer-administered program, holding the claims directed to the abstract idea of processing financing transactions — a business practice not rendered patent-eligible

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Smart Systems Innovations v. Chicago Transit Authority — Federal Circuit Holds Open Transit Payment Patents Abstract Under Section 101

The Federal Circuit affirmed invalidity of Smart Systems’ open-loop transit payment patents under Section 101, holding that collecting financial data using generic components to facilitate transit access is an abstract idea — with a notable dissent arguing that the claims addressed a real, Int

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In re Cray (2017) — Federal Circuit Defines ‘Regular and Established Place of Business’ for Patent Venue After TC Heartland

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’

Federal Circuit
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Visual Memory v. NVIDIA — Federal Circuit Upholds Programmable Memory System Patent as Directed to Technological Improvement

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

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Helsinn Healthcare v. Teva Pharmaceuticals (Federal Circuit 2017) — Secret Sales with Public Existence Trigger AIA On-Sale Bar

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

Federal Circuit
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Mentor Graphics v. EVE-USA (2017) — Federal Circuit Holds Panduit Lost Profits Analysis Satisfies Apportionment Without Separate Apportionment Step

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

Federal Circuit
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Intellectual Ventures v. Capital One Financial — Federal Circuit Strikes Down XML and Data-Collection Patents as Abstract Ideas

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

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Apple v. Samsung Design Patent Damages — Federal Circuit 2017 Remand Sends Article-of-Manufacture Question Back to District Court

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

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Praxair Distribution v. Mallinckrodt Hospital — Federal Circuit Holds Nitric Oxide Dosing Method Patent Ineligible

The Federal Circuit held Mallinckrodt’s patents on methods of supplying inhaled nitric oxide therapy while monitoring patients for adverse effects were patent-ineligible under § 101 — finding the claims directed to the natural phenomenon that nitric oxide can worsen pulmonary edema in certain

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WesternGeco v. ION Geophysical — Federal Circuit Bars Foreign Lost Profit Damages Under Section 271(f), Later Reversed by Supreme Court

The Federal Circuit reversed a $93 million foreign lost-profits award for ION’s domestic infringement under Section 271(f), holding that the presumption against extraterritoriality barred recovery for overseas contracts WesternGeco would have won absent the infringement — a ruling the Supreme

Federal Circuit
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McRO v. Bandai Namco — Federal Circuit Upholds Animation Lip-Sync Patents as Patent-Eligible Improvements to Computer Animation

The Federal Circuit held that McRO’s patents on rule-based automated lip synchronization in 3D character animation were patent-eligible — the claims specified a particular improvement in computer animation technology using specific rules, not merely the abstract idea of using rules to automate

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Stryker Corp. v. Zimmer Inc. (2016 Remand) — Federal Circuit Applies New Halo Standard, Remands Enhanced Damages Determination to District Court

On remand from the Supreme Court’s Halo Electronics decision, the Federal Circuit affirmed the jury’s willfulness finding under the new subjective standard but vacated the enhanced damages award, instructing the district court to exercise its discretion anew — illustrating how post-Halo

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Electric Power Group v. Alstom — Federal Circuit Holds Power Grid Monitoring Patents Invalid as Data-Collection Abstract Ideas

The Federal Circuit held that patents on real-time monitoring and analysis of electric power grid data were patent-ineligible under Section 101, establishing that collecting, analyzing, and displaying information — even in a complex industrial context — is an abstract idea without an inventive conce

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The Medicines Company v. Hospira (2016) — Federal Circuit En Banc Holds Contract Manufacturer’s Services Sale Is Not an Invalidating On-Sale Bar Event

An en banc Federal Circuit held that a pharmaceutical company’s contract with a manufacturer to produce drug batches — where title to the product remained with the inventor — did not constitute a ‘commercial sale’ triggering the on-sale bar under Section 102(b), clarifying the boun

Federal Circuit
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Intellectual Ventures I v. Capital One Financial — Federal Circuit Applies Alice to Financial Data Processing Patents

The Federal Circuit affirmed § 101 invalidity of Intellectual Ventures’ patents on interactive customizable web pages and database record indexing — holding that creating customizable web interfaces for financial products and organizing financial data with hierarchical index structures are abs

Federal Circuit
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BASCOM Global Internet Services v. AT&T Mobility — Federal Circuit Finds Inventive Concept in Non-Conventional Arrangement of Known Elements

The Federal Circuit vacated dismissal of BASCOM’s Internet content-filtering patent, holding that an inventive concept can arise from a non-conventional, non-generic arrangement of individually known elements — even if the abstract idea at the core of the claims is itself conventional.

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